This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Purpose Test Wins Again: ITAT Treats ₹22.6 Cr Sales Tax Incentive as Capital
Case Law Details
- Case Name
- Jindal Poly Films Ltd. Vs ACIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2006-07
- Courts
- All ITAT, ITAT Delhi
Upgrade to Basic or Premium to download.
Already Upgraded? Log in.
Jindal Poly Films Ltd. Vs ACIT (ITAT Delhi)
This appeal returned to the Tribunal pursuant to directions of the Hon’ble Delhi High Court dated 09.05.2025, which held that the Tribunal had earlier wrongly presumed the year to be “unabated”. The High Court clarified that since a notice u/s 153A was issued when assessment proceedings were already pending pursuant to a revision u/s 263, the assessment had abated. Therefore, AO had full power to frame a fresh assessment even without incriminating material.
On remand, Tribunal examined the two main issues on merits:
Sales Tax Subsidy of ₹22.6...
Author Info
