Whether subsidy received from government for establishing a hotel is a capital receipt or not ?

Whether subsidy received from government for establishing a hotel is a capital receipt or not ?

Case : CIT v. Udupi Builders P. Ltd. (2009) 319 ITR 440 (Kar.)

Facts

AO held it as revenue receipt. The Commissioner (Appeals) held that the subsidy had been granted to the assessee by the State Government as per the package of incentives and concessions and that it was towards investment and not a revenue receipt. The Tribunal confirmed the order passed by the Commissioner (Appeals).

 

An appeal to High Court by the revenue , it was argued by the Revenue that since the subsidy is received by the assessee after completion of the hotel project and commencing of the business, such receipt has to be taken as a revenue receipt and not a capital investment.

The High Court held that the hotel industry was established based on the subsidy announced by the State Government to encourage tourism and the State Government was in the habit of releasing the subsidy amount depending upon the budgetary allocation in each year. In several cases, the State Government had released the subsidy amount even after ten years of the commencement of the project. Therefore, the subsidy received has to be treated as a capital receipt and would not be liable to tax.

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