TMI Blog2024 (2) TMI 407X X X X Extracts X X X X X X X X Extracts X X X X ..... the sales tax subsidy is held to be a capital receipt then the natural consequences of the said fact should follow. Our attention was drawn order in the case of M/s Munjal Auto Industries Limited[ 2013 (10) TMI 650 - GUJARAT HIGH COURT] which order was sustained by this Court [ 2018 (5) TMI 1738 - SC ORDER] by placing reliance on another judgment of this Court in M/s Chaphalkar Brothers, Pune [ 2017 (12) TMI 816 - SUPREME COURT] . Therefore, the said direction may also be issued in the instant special leave petitions also. Assessee drew our attention to another judgment of Gujarat High Court in the case of Commissioner of Income Tax Central-II vs. Ellora Time Private Limited[ 2011 (6) TMI 853 - GUJARAT HIGH COURT] which order was also sust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Yadav, Adv. Mr. Abhas Upmanyu, Adv. For the Respondent : Ms. Mahua Kalra, AOR Mr. Mayank Nagi, Adv. Ms. Husnal Nagi, Adv. Mr. Tarun Singh, Adv. ORDER SLP(C) No . 18572/2018, SLP(C) No.18575/2018 and SLP Dy. No(s). 25081/2018 [ 2017 (12) TMI 475 - DELHI HIGH COURT] Delay in SLP Dy. No(s). 25081/2018 is condoned. These special leave petitions assail the order dated 07.12.2017, by which, the writ petitions filed by the respondentassessee were disposed of by holding that the sales tax subsidy received by the respondent-assessee has to be treated as a capital receipt and not to be added as part of the income of the respondent-assessee. The order further states that the consequential order would now be passed by the Assessing Officer in terms o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... placing reliance on another judgment of this Court in M/s Chaphalkar Brothers, Pune. Therefore, the said direction may also be issued in the instant special leave petitions also. Per contra, learned counsel appearing for the respondent assessee however, drew our attention to another judgment of Gujarat High Court in the case of Commissioner of Income Tax Central-II vs. Ellora Time Private Limited in Tax appeal No.245/2010 which order was also sustained by this Court in SLP (C) No.2300/2012 [C.I.T. Central-II vs. Ajanta Limited] vide order dated 29.04.2016 wherein on an identical question no such consequential direction was issued inasmuch as the special leave petitions were simply dismissed. Having noted the submissions at the Bar, we are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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