M/s. Veejay Marketing v. Dy. Commnr. of Income-tax, Coimbatore - 2017-LL-0330-5

Citation	2017-LL-0330-5
Appellant Name	M/s. Veejay Marketing
Respondent Name	Dy. Commnr. of Income-tax, Coimbatore
Court	SUPREME COURT
Relevant Act	Income-tax
Date of Order	30/03/2017
Judgment	View Judgment
Keyword Tags	deduction of commission
Bot Summary:	The present petition arises out of the judgment and order dated 18th July, 2005 passed by the Hon'ble High Court of Judicature at Madras wherein the High Court following its earlier decision in the case of Commissioner of Income-Tax Vs. P.R. Prabhakar 276 ITR 176, dismissed the appeal. It has been brought to our notice that the decision in P.R. Prabhakar, has been reversed by this Court in the case of P.R. Prabhakar Vs. Commissioner of Income-Tax,(2006)6 SCC 86, wherein this Court has said that the commission is also to be considered for determining the deduction under section 80HHC of Income Tax Act, 1961. Since the decision relied upon by the High Court Signature Not Verified dismissing the appeal has been reversed by this Court, the Digitally signed by POOJA SEHGAL Date: 2017.04.01 13:26:43 IST Reason: impugned order cannot be sustained and the same is 2 setaside. The matter is remanded back to the High Court for deciding the same on merits, in accordance with law. With the aforesaid observations, the Civil Appeal is disposed of. UPON hearing the counsel the Court made the following ORDER The Civil Appeal is disposed of in terms of the signed order.

1 IN SUPREME COURT OF INDIA (CIVIL APPELLATE JURISDICTION) Civil Appeal No(s). 3542 of 2007 M/S. VEEJAY MARKETING Appellant (s) VERSUS DY. COMMNR. OF INCOME TAX, COIMBATORE Respondent (s) ORDER We have heard learned counsel appearing for parties. present petition arises out of judgment and order dated 18th July, 2005 passed by Hon'ble High Court of Judicature at Madras wherein High Court following its earlier decision in case of Commissioner of Income-Tax Vs. P.R. Prabhakar 276 ITR 176, dismissed appeal. It has been brought to our notice that decision in P.R. Prabhakar (Supra), has been reversed by this Court in case of P.R. Prabhakar Vs. Commissioner of Income-Tax,(2006)6 SCC 86, wherein this Court has said that commission is also to be considered for determining deduction under section 80HHC of Income Tax Act, 1961. Since decision relied upon by High Court Signature Not Verified dismissing appeal has been reversed by this Court, Digitally signed by POOJA SEHGAL Date: 2017.04.01 13:26:43 IST Reason: impugned order cannot be sustained and same is 2 setaside. matter is remanded back to High Court for deciding same on merits, in accordance with law. With aforesaid observations, Civil Appeal is disposed of. J. [R.K. AGRAWAL] J. [MOHAN M. SHANTANAGOUDAR] NEW DELHI; MARCH 30, 2017. 3 ITEM NO.107 COURT NO.10 SECTION IIIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Civil Appeal No(s). 3542/2007 M/S. VEEJAY MARKETING Appellant(s) VERSUS DY. COMMNR. OF INCOME TAX, COIMBATORE Respondent(s) (With Office Report) Date : 30/03/2017 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.K. AGRAWAL HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Appellant(s) Ms. Ranjeeta Rohtagi, Adv. Mr. Priteesh Kapve, Adv. Ms. Radha Rangaswamy,Adv. For Respondent(s) Ms. Pinky Anand, A.S.G. Mr. K. Radhakrishnan, Sr. Adv. Mr. T.P. Adhyaru, Sr. Adv. Mr. Y.P. Andhayaru, Sr. Adv. Mr. Zohaib Hussain, Adv. Ms. Rukshana Choudhary, Adv. Ms. Sadhna Sandhu, Adv. Mrs. Anil Katiyar,Adv. UPON hearing counsel Court made following ORDER Civil Appeal is disposed of in terms of signed order. (POOJA SEHGAL) (CHANDER BALA) SR. P.A. COURT MASTER (Signed Order is placed on file) M/s. Veejay Marketing v. Dy. Commnr. of Income-tax, Coimbatore

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