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Incentives for Market Expansion Are Capital, Not Income u/s 2(24)(xviii)

Case Law Details

Case Name
DCIT Vs Loocust Incorp (ITAT Chennai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
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DCIT Vs Loocust Incorp (ITAT Chennai) Duty Scrip Rewards Not ‘Income’ u/s 2(24)(xviii): Export Incentive Not Taxable- MEIS/MLFPS Sale Proceeds Are Capital Receipts—Chennai ITAT Dismisses Revenue’s Appeal Revenue filed appeal against order of Ld. CIT(A) deleting addition of Rs.3,66,94,795/- made by AO on account of sale of Market Linked Focus Product Scheme (MLFPS) licence. Assessee, engaged in export of hosiery garments, had treated the MLFPS licence proceeds as capital receipt. AO viewed the same as revenue receipt taxable u/s 28. CIT(A), relying on Chennai ITAT’s decision in ACIT V...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,494

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