Opera Clothings v. Income-tax Officer-18(1)(3) - 2017-LL-0123

Citation	2017-LL-0123
Appellant Name	Opera Clothings
Respondent Name	Income-tax Officer-18(1)(3)
Court	SUPREME COURT
Relevant Act	Income-tax
Date of Order	23/01/2017
Judgment	View Judgment
Keyword Tags	export incentive • export of manufactured goods
Bot Summary:	For modification of Court's order, permission to file additional documents, interim relief and office report) Date : 23/01/2017 This petition was called on for hearing today. UPON hearing the counsel the Court made the following ORDER We have heard the learned counsels for the parties. The issue, namely, the entitlement of export Signature Not Verified incentives to deduction under Section 80-IB of the Digitally signed by NEETU KHAJURIA Date: 2017.01.24 17:16:29 IST Reason: Income Tax Act, 1961 has been squarely decided by this Court in Liberty India vs. C.I.T.1 1 9 SCC 328 2 Commissioner of Income Tax vs. Meghalaya Steels Limited2 does not in any way erode the efficacy of law laid down in Liberty India as Meghalaya Steels Limited was primarily a case where the Court was dealing with transport subsidy, which is a reimbursement of the cost incurred by the manufacturing unit in the North-Eastern part of the Country. While Liberty India dealt with a situation of post-manufacture and availability of incentive only in the event there was export of the manufactured goods. Meghalaya Steels Limited, as already noted, dealt with altogether a different situation. We do not find any merit in this special leave petition. In view of the above, all pending miscellaneous applications are disposed of.

ITEM NO.37 COURT NO.4 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).34566/2014 (Arising out of impugned final judgment and order dated 26/06/2014 in ITA No. 5407/2010 passed by High Court of Bombay) M/S OPERA CLOTHINGS Petitioner(s) VERSUS INCOME TAX OFFICER-018(1)(3) Respondent(s) (with appln. (s) for modification of Court's order, permission to file additional documents, interim relief and office report) Date : 23/01/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. S. Ganesh, Adv. Mr. Vijay Kumar, Adv. Mr. Bharat L. Gandhi, Adv. Ms. Vithika Garg, Adv. Ms. Vidushi Garg, Adv. For Respondent(s) Ms. Rashmi Malhotra, Adv. Mr. R.M. Bajaj, Adv. Mr. Deepak Joshi, Adv. Mrs. Anil Katiyar,Adv. UPON hearing counsel Court made following ORDER We have heard learned counsels for parties. issue, namely, entitlement of export Signature Not Verified incentives to deduction under Section 80-IB of Digitally signed by NEETU KHAJURIA Date: 2017.01.24 17:16:29 IST Reason: Income Tax Act, 1961 has been squarely decided by this Court in Liberty India vs. C.I.T.1 1 (2009) 9 SCC 328 2 Commissioner of Income Tax vs. Meghalaya Steels Limited2 does not in any way erode efficacy of law laid down in Liberty India (supra) as Meghalaya Steels Limited (supra) was primarily case where Court was dealing with transport subsidy, which is reimbursement of cost incurred by manufacturing unit in North-Eastern part of Country. While Liberty India (supra) dealt with situation of post-manufacture and availability of incentive only in event there was export of manufactured goods. Meghalaya Steels Limited (supra), as already noted, dealt with altogether different situation. Consequently, we do not find any merit in this special leave petition. Special leave petition is, accordingly, dismissed. In view of above, all pending miscellaneous applications are disposed of. (Neetu Khajuria) (Asha Soni) Court Master Court Master 2 (2016) 6 SCC 747 Opera Clothings v. Income-tax Officer-18(1)(3)

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