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Subsidies are to be included in “profits and gains of business or profession

Supreme Court in Commissioner Of Income Tax vs. M/s. Meghalaya Steels, has clarified that subsidies allowed to assessee, has to be included under the head “profits and gains of business or profession”, and not under the head “income from other sources” for the purpose of Income Tax assessment. Dismissing the appeal preferred by the Revenue, the Apex Court Bench comprising of Justices Kurian Joseph and R.F. Nariman observed that so long as profits and gains emanate directly from the business itself, the fact that the immediate source of the subsidies is the Government would make no difference, as it cannot be disputed that the said subsidies are only in order to reimburse, wholly or partially, costs actually incurred by the assessee in the manufacturing and selling of its products. The Court further said”“profits and gains” spoken of by Sections 80-IB and 80-IC have reference to net profit. And net profit can only be calculated by deducting from the sale price of an article all elements...

Income Tax - Trust - Charitable - Activity - Education - Profit - Supreme Court

1.  CIT v. Surat Art Silk Cloth Manufacturers' Assn., (1980) 121 ITR - Supreme Court - defined of "charitable purpose" & "activity for profit" 2. Dharmadeepti v. CIT [(1978) 3 SCC 499 : 1978 SCC (Tax) 193 3. Privy Council in the Tribune case [AIR 1939 PC 208 : In Re the Trustees of the Tribune, (1939) 7 ITR 415 4. Sole Trustee, Loka Shikshana Trust case [(1976) 1 SCC 254 : 1976 SCC (Tax) 14 : (1975) 101 ITR 234] 5. Indian Chamber of Commerce case [(1976) 1 SCC 324 : 1976 SCC (Tax) 41 : (1975) 101 ITR 796] 6. Aditanar Educational Institution v. Additional Commissioner of Income Tax, (1997) 224 ITR 310 7. American Hotel & Lodging Assn. Educational Institute v. CBDT, (2008) 301 ITR 86 8. Oxford University Press [(2001) 3 SCC 359 : (2001) 247 ITR 658] 9.  Municipal Corpn. of Delhi v. Children Book Trust and Safdarjung Enclave Educational Society, (1992) 3 SCC 390 10. S.RM.M.CT.M. Tiruppani Trust v. Commissioner of...