M/s. The Asian Traders (India) v. The Commissioner of Income-tax-19, Mumbai
[Citation -2014-LL-0711-106]

Citation 2014-LL-0711-106
Appellant Name M/s. The Asian Traders (India)
Respondent Name The Commissioner of Income-tax-19, Mumbai
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 11/07/2014
Judgment View Judgment
Keyword Tags deduction under section 80hhc
Bot Summary: Mr. S. Ganesh, learned senior counsel for the appellants and Mr. N.K. Kaul, learned Additional Solicitor General for the respondents are ad idem that the issue raised in these appeals is squarely covered by a 3-Judge Bench decision of 3 this Court in Topman Exports Vs. Commissioner of Income-Tax, Mumbai1. Having regard to the above, the impugned orders are set aside. Civil Appeals are allowed in terms of Topman Exports1. The Assessing Officer is directed to compute the deduction under Section 80HHC of the Income Tax Act, 1961 in case of the appellants in light of the observations made by this Court in Topman Exports1. UPON hearing the counsel the Court made the following ORDER Delay condoned. Civil appeals are allowed in terms of the signed order.


IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6290 OF 2014 (Arising out of SLP(C) No.13483 of 2012) M/S.THE ASIAN TRADERS(INDIA) APPELLANT(S) VERSUS COMMISSIONER OF INCOME TAX-19, MUMBAI RESPONDENT(S) WITH CIVIL APPEAL No.6291 OF 2014 (Arising out of SLP(C) No.13484 of 2012) M/S.THE ASIAN TRADERS(INDIA) APPELLANT(S) VERSUS COMMISSIONER OF INCOME TAX-19, MUMBAI RESPONDENT(S) CIVIL APPEAL No. 6292 OF 2014 (Arising out of SLP(C) No.13485 of 2012) M/S.THE ASIAN TRADERS(INDIA) APPELLANT(S) VERSUS Signature Not VerifiedTHE COMMISSIONER OF INCOME TAX-19, Digitally signed by NEETU KHAJURIA Date: 2014.08.04 MUMBAI RESPONDENT(S) 18:03:31 IST Reason: 2 CIVIL APPEAL No.6293 OF 2014 (Arising out of SLP(C) No.13486 of 2012) M/S.ROLSON INTERNATIONAL APPELLANT(S) VERSUS COMMISSIONER OF INCOME TAX-XIV, MUMBAI RESPONDENT(S) CIVIL APPEAL No.6294 OF 2014 (Arising out of SLP(C) No.13487 of 2012) M/S.THE ASIAN TRADERS(INDIA) APPELLANT(S) VERSUS COMMISSIONER OF INCOME TAX-19, MUMBAI RESPONDENT(S) ORDER Delay condoned. 2. Leave granted. 3. Mr. S. Ganesh, learned senior counsel for appellants and Mr. N.K. Kaul, learned Additional Solicitor General for respondents are ad idem that issue raised in these appeals is squarely covered by 3-Judge Bench decision of 3 this Court in Topman Exports Vs. Commissioner of Income-Tax, Mumbai1. 4. Having regard to above, impugned orders are set aside. Civil Appeals are allowed in terms of Topman Exports1. Assessing Officer is directed to compute deduction under Section 80HHC of Income Tax Act, 1961 in case of appellants in light of observations made by this Court in Topman Exports1. 5. There will be no order as to costs. .........................CJI. (R.M. LODHA) ...........................J. (PINAKI CHANDRA GHOSE) ..........................J. (ROHINTON FALI NARIMAN) NEW DELHI; JULY 11, 2014. 1 . (2012) 3 SCC 593. 4 ITEM NO.49 COURT NO.1 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 13483/2012 (Arising out of impugned final judgment and order dated 06/08/2010 in ITA No. 871/2010 passed by High Court Of Bombay) M/S.THE ASIAN TRADERS(INDIA) Petitioner(s) VERSUS C.I.T-19,MUMBAI Respondent(s) (With prayer for interim relief and office report) WITH SLP(C) No. 13484/2012 SLP(C) No. 13485/2012 SLP(C) No. 13486/2012 SLP(C) No. 13487/2012 Date : 11/07/2014 These petitions were called on for hearing today. CORAM : HON'BLE CHIEF JUSTICE HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. S. Ganesh, Sr. Adv. Mr. R.V. Shetty, Adv. Mrs. S. Yamunah Nachiar, Adv. Ms. Sangitaa Singh, Adv. Mr. S. Ganesh, Sr. Adv. Mr. R.V. Shetty, Adv. Ms. Sangitaa Singh, Adv. Mr. S. Ravi Shankar ,Adv. For Respondent(s) Mr. N.K. Kaul, ASG Mr. Sanyat Lodha, Adv. Ms. Aakanksha Kaul, Adv. Ms. Silpa Nair, Adv. 5 Ms. Shalini Kumar, Adv. Mr. H.R. Rao, Adv. Mrs. Anil Katiyar ,Adv. UPON hearing counsel Court made following ORDER Delay condoned. Leave granted. Civil appeals are allowed in terms of signed order. (Neetu Khajuria) (Renu Diwan) Sr.P.A. Court Master (Signed order is placed on file.) M/s. Asian Traders (India) v. Commissioner of Income-tax-19, Mumbai
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