Facts of the Case
- The assessees, M/s Bhushan Steels and Strips Ltd. and M/s
Vardhman Industries Ltd., established and expanded industrial units in
notified backward areas of Uttar Pradesh.
- These units were eligible for sales tax exemption under the UP
Government’s industrial incentive notifications issued under Section
4-A of the Uttar Pradesh Sales Tax Act, 1948.
- The exemption was linked to the amount of fixed capital investment
and was available for a prescribed period.
- Bhushan Steel revised its return and claimed that the exempted
sales tax amount amounting to ₹7.27 crores was a capital receipt.
- The Assessing Officer rejected the claim and treated it as taxable
income.
- CIT(A) allowed the assessee’s claim, and ITAT affirmed the same.
- Revenue filed appeals before the Delhi High Court.
Issues Involved
- Whether sales tax exemption retained by the assessee under the UP
Industrial Incentive Scheme is a capital receipt or a revenue
receipt?
- Whether such exemption falls within taxable income under the Income
Tax Act?
- Whether Section 43B of the Income Tax Act applies to sales tax
collected but not deposited due to statutory exemption?
Petitioner’s Arguments (Revenue Department)
The Revenue contended that:
- The sales tax collected by the assessee constituted trading
receipts.
- Merely because the State permitted retention of sales tax did not
alter its revenue character.
- The subsidy was granted after commencement of production and
therefore was operational in nature.
- There was no mandatory condition requiring utilization of the
retained amount for capital expenditure.
- The incentive enhanced profitability and business viability, thus
making it revenue in nature.
- Reliance was placed on Sahney Steel & Press Works Ltd. v.
CIT.
Respondent’s Arguments (Assessee)
The assessees argued that:
- The object of the scheme was industrial development in backward
areas.
- The sales tax exemption was directly linked to fixed capital
investment.
- The subsidy was intended to encourage setting up and expansion of
industrial units.
- The method of subsidy (retention of sales tax) was merely the mode
of quantification.
- The purpose test laid down in Ponni Sugars applied, making
the receipt capital in nature.
Court Findings / Judicial Analysis
The Delhi High Court examined:
- The object and purpose of the State subsidy scheme;
- The industrial policy notifications of Uttar Pradesh;
- The capital investment linkage of the incentive;
- The “purpose test” evolved by the Supreme Court.
The Court observed:
- The subsidy was designed to promote industrialization in backward
areas.
- The exemption was measured by reference to fixed capital investment.
- The subsidy was not for routine business operations.
- The form of subsidy was irrelevant; its purpose was decisive.
- The incentive aimed at encouraging establishment/expansion of
industries.
The Court distinguished Sahney Steel and
applied Ponni Sugars.
Court Order / Final Decision
The Delhi High Court held that:
The sales tax exemption incentive received by the
assessees was a capital receipt.
Such receipt was not taxable under the
Income Tax Act.
Section 43B was not applicable in the facts of the
case.
The ITAT was correct in law in treating the amount
as capital receipt.
Accordingly, the Revenue’s appeals were dismissed.
Important Clarification
This judgment reinforces the settled principle
that:
The character of subsidy depends on its purpose,
not on its source, form, or timing.
Where subsidy is intended for:
- setting up a new industrial unit, or
- expansion/diversification of an existing industrial unit,
it shall ordinarily be treated as capital
receipt.
However, where subsidy is intended for operational support or improving profitability, it may be treated as revenue receipt.
Sections
Involved
Income Tax
Act, 1961
- Section 43B – Certain deductions only
on actual payment
- Section 2(24) (referred contextually
regarding subsidy characterization)
Uttar
Pradesh Sales Tax Act, 1948
- Section 4-A – Exemption/reduction in
tax for industrial units
UP General
Clauses Act, 1904
- Section 21
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2017:DHC:3485-DB/SRB13072017ITA6812004.pdf
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