TMI Blog2013 (12) TMI 555X X X X Extracts X X X X X X X X Extracts X X X X ..... ansion of the existing unit. The subsidy received by the assessee was not in the course of a trade but was of capital nature - Decided against Revenue. - Income Tax Appeal No. - 337 of 2005, Income Tax Appeal No. - 333 of 2005, Income Tax Appeal No. - 340 of 2005 - - - Dated:- 11-12-2013 - Hon'ble Dr. Satish Chandra And Hon'ble B. Amit Sthalekar,JJ. For the Appellant : Sc,A. N. Mahajan,B. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of the department is that production of incentive bonus and incentive amount received by the assessee is of capital in nature and liable to be taxed. Fair enough, learned counsel admits at bar that the proposed substantial question of law are covered by the order dated 27.11.2013 passed by this Hon'ble Court in Income Tax Appeal No.350 of 2005 (CIT vs. M/s Kisan Sahkari Chini Mills Ltd.), wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of Rs.2,90,69,287/- made by the AO on account of incentive received by the assessee? (3) Whether on the facts and in the circumstances of the case the Tribunal is justified in holding that the incentive amounting to Rs.2,90,69,287/- received by the assessee is of capital nature and is not liable to tax as revenue receipt." The questions of law raised as above are covered inter party in Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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