The Commissioner of Income-tax v. V. M. Salgaonkar and Bros. Pvt. Ltd
[Citation -2017-LL-0921-11]

Citation 2017-LL-0921-11
Appellant Name The Commissioner of Income-tax
Respondent Name V. M. Salgaonkar and Bros. Pvt. Ltd.
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 21/09/2017
Judgment View Judgment


IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8794 OF 2012 COMMISSIONER OF INCOME TAX ... Appellant VERSUS M/S. V. M. SALGAONKAR AND BROS. PVT. LTD. ... Respondent WITH C.A. No. 12754/2017 C.A. No. 8797/2012 C.A. No. 8793/2012 C.A. No. 8795/2012 C.A. No. 8792/2012 C.A. No. 8796/2012 C.A. No. 8798/2012 C.A. No. 12846/2017 C.A. No. 12763/2017 C.A. No. 12764/2017 C.A. No. 12979/2017 C.A. No. 12765/2017 ORDER After hearing learned counsel for parties at length, we find that there is no dispute as to application of provisions of Section 80HHC of Income Tax Act, 1961, as interpreted by this Court in 'IPCA Laboratory Ltd. v. Dy. Commissioner of Income Tax, Mumbai' [2004 (12) Signature Not Verified Digitally signed by SCC 742]. However, on facts, it is found that Assessing NIDHI AHUJA Date: 2017.10.05 10:50:56 IST Officer made wrong computation in respect thereof, which Reason: error was corrected by Income Tax Appellate Tribunal in 1 C.A. No. 8794/ 2012 etc. judgment rendered by it and that judgment is upheld by High Court. We have gone through calculations given by assessee during assessment proceedings. We find that said calculations are strictly in accordance with provisions of Section 80HHC as interpreted in IPCA Laboratory Ltd.'s case (supra). We, thus, do not find any merit in these appeals which are, accordingly, dismissed. J. [ A.K. SIKRI ] J. [ ASHOK BHUSHAN ] New Delhi; September 21, 2017. 2 C.A. No. 8794/ 2012 etc. ITEM NO.104 COURT NO.6 SECTION IX SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Civil Appeal No. 8794/2012 COMMISSIONER OF INCOME TAX Appellant(s) VERSUS M/S. V.M.SALGAONKAR AND BROS. PVT. LTD. Respondent(s) WITH C.A. No. 12754/2017 (III) C.A. No. 8797/2012 (IX) C.A. No. 8793/2012 (IX) C.A. No. 8795/2012 (IX) C.A. No. 8792/2012 (IX) C.A. No. 8796/2012 (IX) C.A. No. 8798/2012 (IX) C.A. No. 12846/2017 (III) C.A. No. 12763/2017 (III) C.A. No. 12764/2017 (III) C.A. No. 12979/2017 (III) C.A. No. 12765/2017 (III) Date : 21-09-2017 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Appellant(s) Mr. Arijit Prasad, Adv. Mr. T. M. Singh, Adv. Mr. D. L. Chidanand, Adv. Mr. A. K. Srivastava, Adv. Ms. Gargi Khanna, Adv. Ms. Anil Katiyar, AOR For Respondent(s) Mr. Percy Pardiwala, Sr. Adv. Mr. Pratap Venugopal, Adv. Ms. Surekha Raman, Adv. Mr. Anuj Sarma, Adv. Ms. Niharika, Adv. M/s. K J John And Co, AOR UPON hearing counsel Court made following O R D E R appeals are dismissed in terms of signed order. (NIDHI AHUJA) (MALA KUMARI SHARMA) COURT MASTER COURT MASTER [Signed order is placed on file.] 3 Commissioner of Income-tax v. V. M. Salgaonkar and Bros. Pvt. Ltd
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