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Income from Sale of Carbon Credit is capital receipt & not business income

Case Law Details

Case Name
CIT Vs Ambika Cotton Mills Ltd. (Madras High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2005-06
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CIT Vs Ambika Cotton Mills Ltd. (Madras High Court) Whether on the facts and circumstances of the case, the Tribunal was right in holding that the proceeds realized by the assessee on sale of Certified Emission Reduction Credit, which the assessee had earned on the Clean Development Mechanisam in its wind energy operations, is a capital receipt and not taxable? Carbon Credit is not an offshoot of business, but an offshoot of environmental concerns. No asset is generated in the course of business, but it is generated due to environmental concerns. It was also found that the carbon credit is not...
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