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Thursday 30 July 2015

Whether where amount of transport subsidy, interest subsidy, insurance subsidy and power subsidy would reduce cost of production of an industry and there is direct nexus between said subsidies and profits and gains derived by industrial undertaking, deduction under section 80-IC has to be granted in respect of subsidies so received

[2015] 59 taxmann.com 197 (Guwahati - Trib.)/[2015] 38 ITR(T) 186 (Guwahati - Trib.)/[2015] 168 TTJ 9 (Guwahati - Trib.)(UO) NOVEMBER  11, 2013 

Law to be applied for penalty

Law to be applied for penalty is the law, when default is committed and not the law for assessment year when return is filed. Like if income is concealed the offence is committed when return is filed. Hence law applicable on day of filing return to apply. Brij Mohan 120 ITR 1, Rameshwar 130 ITR 51.
If income concealed in original return and then in response to section 148, again same return filed, there is no fresh concealment. Hence penal Provision on original return to apply. (Ram Achal Ram Sewak 106 ITR 144(All))

As per Article 20 of the Constitution, no person shall be subjected to penalty greater than that which might have been inflicted under the law in force at the commission of offence.