Commissioner of Income-tax-III v. Stryker India Pvt. Ltd
[Citation -2015-LL-0507-56]

Citation 2015-LL-0507-56
Appellant Name Commissioner of Income-tax-III
Respondent Name Stryker India Pvt. Ltd.
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 07/05/2015
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags expenditure incurred • commission
Bot Summary: CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA ORDER 07.05.2015 The questions of law are are urged in this appeal by Revenue under Section 260-A and directed against the order of the Income Tax Appellate Tribunal in ITA No. 606/Del/2014 for Assessment Year 2009-10. The first question pertains to distribution expenditure incurred by the assessee. The ITAT had directed a remand on this aspect as well as on the question of selling expenses to the Assessing officer, in light of the prevailing Special Bench ruling in L.G. Electronics India Ltd. v. Additional Commissioner of Income Tax 152 TTJ 273. On the question of selling commission and discount too, remit in terms of L.G. Electronics India Ltd. s order. In view of the Division Bench s ruling of this Court in Sony Ericsson Mobile Communications India Pvt. Ltd. v. CIT, direction of the ITAT shall be worked out having regard to and in light of that judgment The appeal is accordingly disposed of.


IN HIGH COURT OF DELHI AT NEW DELHI ITA 772/2014 COMMISSIONER OF INCOME TAX-III.Appellant Through: Ms. Suruchi Aggarwal, Sr. Standing Counsel and Mr. Abhishek Sharma, Adv. versus STRYKER INDIA PVT. LTD.Respondent Through: None. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA ORDER % 07.05.2015 questions of law are are urged in this appeal by Revenue under Section 260-A and directed against order of Income Tax Appellate Tribunal (hereinafter referred to as ITAT) in ITA No. 606/Del/2014 for Assessment Year (AY) 2009-10. first question pertains to distribution expenditure incurred by assessee. ITAT had directed remand on this aspect as well as on question of selling expenses to Assessing officer (AO), in light of prevailing Special Bench ruling in L.G. Electronics India (P) Ltd. v. Additional Commissioner of Income Tax (2013) 152 TTJ 273 (Del). On question of selling commission and discount too, remit in terms of L.G. Electronics India (P) Ltd. s (supra) order. In view of Division Bench s ruling of this Court in Sony Ericsson Mobile Communications India Pvt. Ltd. v. CIT (decided on 16.03.2015 in ITA No. 16/2014), direction of ITAT shall be worked out having regard to and in light of that judgment (i.e. Sony Ericsson Mobile Communications India Pvt. Ltd.) appeal is accordingly disposed of. S. RAVINDRA BHAT, J R.K.GAUBA, J MAY 07, 2015 ik Commissioner of Income-tax-III v. Stryker India Pvt. Ltd
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