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2018 (12) TMI 1976 - HC - Income TaxNature of receipt - Refund of excise duty claimed from DGFT - Business receipt or capital gain - whether is not income under Section 5 read with Section 28(iii)(b) in the hands of Assessee Company as held by ITAT? - HELD THAT:- The issue raised in the present appeal by Revenue which relates to assessment year 2011-12 is covered against them by decision of MAITHON POWER LTD. [2015 (7) TMI 784 - DELHI HIGH COURT] as held refund or drawback would go to ultimately reduce the cost of the project and had therefore to be treated as a capital receipt. This being the accepted and admitted position, no substantial question of law arises for consideration before this Court.
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