Facts of the Case
The assessees, M/s Bhushan Steels and Strips
Ltd. and M/s Vardhman Industries Ltd., established industrial units
in notified backward areas of Uttar Pradesh and claimed exemption from payment
of sales tax under the State Government’s industrial incentive scheme issued
under Section 4-A of the Uttar Pradesh Sales Tax Act, 1948.
The exemption was granted as an industrial
promotion incentive for new units and expansion/diversification of existing
units. The amount retained by the assessees, representing sales tax exemption,
was claimed as a capital receipt and therefore not chargeable to tax.
The Assessing Officer treated the retained sales
tax amount as taxable revenue receipt and invoked Section 43B of the Income
Tax Act, 1961, on the ground that the sales tax was not actually paid to
the State Government.
The Commissioner of Income Tax (Appeals) allowed the assessees’ claim, holding that the incentive was capital in nature. The Income Tax Appellate Tribunal upheld the order, following which the Revenue filed appeals before the Delhi High Court.
Issues
Involved
- Whether the amount retained by the assessee through sales tax
exemption under the State incentive scheme constituted a capital
receipt or a revenue receipt?
- Whether such exempted sales tax amount could be brought to tax
under Section 43B of the Income Tax Act, 1961?
- Whether the purpose test laid down in judicial precedents would apply in determining the nature of subsidy?
Petitioner’s
Arguments (Revenue Department)
The Revenue contended that:
- The assessee collected sales tax from customers but did not deposit
it with the Government; hence, it formed part of taxable income.
- The subsidy was operational in nature because it was available only
after commencement of production.
- The scheme did not impose any condition requiring utilization of
the retained amount for capital purposes.
- Therefore, the retained amount enhanced profitability and
constituted a revenue receipt.
- Reliance was placed on the Supreme Court decision in Sahney Steel & Press Works Ltd. v. Commissioner of Income Tax, where subsidy was treated as revenue receipt.
Respondent’s
Arguments (Assessee)
The assessees argued that:
- The object of the subsidy scheme was industrialization of backward
areas and encouragement of capital investment.
- The exemption limit was directly linked to the fixed capital
investment made by the assessee.
- The purpose of the subsidy was to assist in setting up new
industrial units and expansion of existing units.
- The method of disbursement (retention of sales tax) was only the
mechanism of subsidy and not determinative of its character.
- Reliance was placed on the Supreme Court judgments in Commissioner
of Income Tax v. Ponni Sugars and Chemicals Ltd. and Commissioner
of Income Tax v. Shree Balaji Alloys.
Court Findings / Analysis
The Delhi High Court applied the purpose test
and examined the real object of the subsidy scheme.
The Court observed that:
- The State incentive scheme was intended to promote industrial development
in backward areas.
- The amount of subsidy was quantified based on capital investment.
- The subsidy was not meant for day-to-day operational assistance.
- The form of subsidy (sales tax exemption) was irrelevant; the
purpose behind the subsidy was decisive.
- Merely because the subsidy became available after commencement of
production did not make it revenue in nature.
The Court distinguished Sahney Steel and
followed the ratio laid down in Ponni Sugars, emphasizing that if the
subsidy is aimed at setting up or expanding industrial units, it is capital in
nature.
Court Order / Final Decision
The Delhi High Court dismissed the Revenue’s
appeals and held that:
- The sales tax exemption retained by the assessees under the Uttar
Pradesh industrial incentive scheme constituted a capital receipt.
- Such capital receipt was not liable to income tax.
- Section 43B had no application in the facts of the case.
Accordingly, the orders of the CIT(A) and ITAT were
upheld.
Important Clarification
This judgment reinforces the principle that:
The character of subsidy depends on its purpose and
object, not on the source, form, or timing of receipt.
Where sales tax exemption is granted as an
incentive linked to industrial establishment or expansion in backward areas, it
retains the character of capital receipt.
Sections Involved
Income Tax
Act, 1961
- Section 43B – Certain deductions only
on actual payment
- Section 2(24) – Definition of income
Uttar
Pradesh Sales Tax Act, 1948
- Section 4-A – Tax exemption for
industrial units
UP Sales Tax
Rules
- Rule 25
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2017:DHC:3486-DB/SRB13072017ITA3152003.pdf
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