Essel Mining & Industries Limited vs Addl. CIT, Range-5, Kolkata
Parties Involved
Facts Summary
The assessee, Essel Mining & Industries Limited, is engaged in the manufacture of iron ores, nitrogen gas, ferro-alloys, and generation of electricity. The company had entered into contracts with Suzlon Energy Limited for the purchase of Wind Turbine Generators (WTG). Due to the non-performance of these WTGs, the assessee invoked the performance guarantee clause and received compensation of Rs. 19.28 crores from Suzlon Energy Limited. The assessee claimed that this compensation was a capital receipt and not liable to tax. The Assessing Officer disagreed, treating the compensation as a revenue receipt. On appeal, the Commissioner of Income Tax (Appeals) held the compensation to be a capital receipt but directed it to be reduced from the cost of the machinery. The Tribunal reversed this order, holding the compensation to be a revenue receipt. The assessee and the Revenue both filed appeals before the Hon'ble Calcutta High Court, which remanded the matter back to the Tribunal for fresh consideration.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the compensation received by the assessee from Suzlon Energy Limited on account of failure of performance guarantee parameters of the capital assets was on revenue account for reducing loss incurred in the course of business or a capital receipt outside the purview of taxation.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
6 precedents cited in this judgement.