COMMISSIONER OF INCOME TAX Vs. PONNI SUGARS AND CHEMICALS LTD
LAWS(SC)-2008-9-88
SUPREME COURT OF INDIA
Decided on September 16,2008

COMMISSIONER OF INCOME TAX, MADRAS Appellant
VERSUS
PONNI SUGARS AND CHEMICALS LTD. Respondents

JUDGEMENT

S. H. Kapadia, J. - (1.) Leave granted.
(2.) In the above batch of civil appeals, based on the arguments addressed before us, we are mainly concerned with the following two questions, namely : (i) Whether the incentive subsidy received by the assessee is a capital receipt not includible in the total income (ii) Whether the assessee was entitled to exemption under Section 80 P(2)(a)(i) of the Income Tax Act, 1961 in respect of interest received from the members of the society
(3.) At the outset, it may be noted that this batch of civil appeals covers four incen tive subsidy Schemes of 1980, 1987, 1988 and 1993. All the four schemes are al most identical. They are different in matter of details. However, in 1980 and 1987 Schemes there is an additional benefit by way of rebate in respect of payment of excise duty which is not there in the remaining two Schemes of 1988 and 1993.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.