M/s Nahar Industrial Enterprises Ltd. v. Dy. Commissioner of Income Tax
[Citation -2015-LL-1029-7]

Citation 2015-LL-1029-7
Appellant Name M/s Nahar Industrial Enterprises Ltd.
Respondent Name Dy. Commissioner of Income Tax
Court HIGH COURT OF DELHI AT NEW DELHI
Relevant Act Income-tax
Date of Order 29/10/2015
Assessment Year 1992-93
Judgment View Judgment
Keyword Tags sales tax • total turnover
Bot Summary: For the reasons stated in the application, the application is allowed. This appeal by the Assessee is directed against the order dated 4th June, 2002 passed by the Income Tax Appellate Tribunal in ITA No. 1820/Del/96 for the assessment year 1992-93. By the order dated 14th October, 2003 the following question of law was framed for adjudication: Whether the Tribunal was correct in law in holding that the sales tax charged by the assessee and paid to the Government would form part of the total turnover for the purposes of deduction under Section 80HHC of the Act 4. The above question stands answered in favour of the Assessee and against the Revenue by the decision of the Supreme Court in CIT v. Laxmi Machine Works 290 ITR 667. Accordingly, the said question is answered in favour of the Assessee and against the Revenue.


$ * IN HIGH COURT OF DELHI AT NEW DELHI R-124B + ITA 43/2003 M/S NAHAR INDUSTRIAL ENTERPRISES LTD. ..... Petitioner Through: Mr Anoop Sharma, Advocate. versus DY. COMMISSIONER OF INCOME TAX ..... Respondent Through: Ms Suruchi Aggarwal, Senior Standing Counsel with Ms Lakshmi Gurung, Junior Standing Counsel and Ms Radhika Gupta, Advocate. CORAM: JUSTICE S. MURALIDHAR JUSTICE VIBHU BAKHRU ORDER % 29.10.2015 CM No._______/to be numbered (Restoration) 1. For reasons stated in application, application is allowed. appeal is restored to file. ITA No. 43/2003 2. This appeal by Assessee is directed against order dated 4th June, 2002 passed by Income Tax Appellate Tribunal ( ITAT ) in ITA No. 1820/Del/96 for assessment year ( AY ) 1992-93. ITA No. 43/2003 Page 1 of 2 3. By order dated 14th October, 2003 following question of law was framed for adjudication: Whether Tribunal was correct in law in holding that sales tax charged by assessee and paid to Government would form part of total turnover for purposes of deduction under Section 80HHC of Act? 4. above question stands answered in favour of Assessee and against Revenue by decision of Supreme Court in CIT v. Laxmi Machine Works (2007) 290 ITR 667. Accordingly, said question is answered in favour of Assessee and against Revenue. appeal is disposed of. S. MURALIDHAR, J VIBHU BAKHRU, J OCTOBER 29, 2015 pkv ITA No. 43/2003 Page 2 of 2 M/s Nahar Industrial Enterprises Ltd. v. Dy. Commissioner of Income Tax
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