2001 (10) TMI 1121

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..... MHA BABU, J.-The assessee is, inter alia, engaged in the manufacture of fertiliser. It had, during the assessment years 1980-81, 1981-82, 1983-84 and 1990-91, received subsidies from the Government under a scheme formulated by the Government, under which manufacturers of fertilisers were enabled to receive subsidy at the time the goods were cleared from the factory. 2.. The subsidy so given was n .....

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..... for different reasons and under its own scheme and after a budgetary allocation. As we have already observed, the scheme of payment postulates the right of the appellant to receive the subsidy on its clearance from the factory and not necessarily after the sale of fertiliser. Even before the sale of fertiliser, the right to receive the subsidy arises and under the circumstances, it cannot be said .....

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