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february 2000

Supreme Court of India · 2000-02-02

Eastern Electro Chemical Industries vs Commissioner Of Income Tax, Bhopal

Citation / case number
AIRONLINE 2000 SC 556
Court
Supreme Court of India
Petitioner
Eastern Electro Chemical Industries
Respondent
Commissioner Of Income Tax, Bhopal
Author
S.B. Majmudar
Bench
S.B. Majmudar, R.P. Sethi

Judgment text excerpt

The Supreme Court dismissed the Review Petition, affirming that the judgment in Sahney Steel & Press Works Ltd. v. Commissioner of Income Tax upheld the classification of power subsidy as a revenue receipt rather than a capital receipt. The Court clarified that the earlier case of Commissioner of Income Tax v. P.J. Chemicals Limited was not applicable as it dealt with depreciation and capital asset costs under Sections 43(1), 43(6), and 32(1) of the Income Tax Act, 1961, and did not address the nature of subsidies. The dismissal was based on the merits of the case, maintaining the original ruling.

Eastern Electro Chemical Industries vs Commissioner Of Income Tax, Bhopal · Niyam