1 IN SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4202 OF 2010 M/S AGRO SOLVENT PRODUCTS(P) LTD. Appellant(s) VERSUS ADDITIONAL COMMISSIONER OF INCOME TAX & ANR. Respondent(s) ORDER We have heard Mr. Rajender Singhvi, learned counsel appearing for appellant, for some length of time. While he is right in stating that Judgment relied upon by High Court i.e. (2000) 9 SCC 63, titled as Motilal Pesticides (I) Pvt. Ltd. Vs. Commissioner of Income Tax, Delhi-II has now been overruled by this Court s three- Judge Bench decision in (2019) 4 SCC 184, titled as Vijay Industries Vs. Commissioner of Income Tax , latter Judgment would only refer to cases that arise before 1981. present case deals with Assessment Years 1992-93 and 1993-94 and are, therefore, directly covered by Section 80AB of Income Tax Act, 1961. Section 80AB states as follows :- 80AB. Where any deduction is required to be made or allowed under any section included in this Chapter under heading "C. Deductions in Signature Not Verified respect of certain incomes" in respect of any Digitally signed by Jayant Kumar Arora Date: 2020.09.28 income of nature specified in that section 17:41:26 IST Reason: which is included in gross total income of assessee, then, notwithstanding anything contained in that section, for purpose of 2 computing deduction under that section, amount of income of that nature as computed in accordance with provisions of this Act (before making any deduction under this Chapter) shall alone be deemed to be amount of income of that nature which is derived or received by assessee and which is included in his gross total income. Given this Section, it is obvious that Judgment under appeal has support, this time, not from overruled decision, but from Statute. This being case, appeal is dismissed without being any order as to costs. J. [ ROHINTON FALI NARIMAN] J. [ NAVIN SINHA] J. [ INDIRA BANERJEE ] New Delhi; September 24, 2020. 3 ITEM NO.102 Court 3 (Video Conferencing) SECTION IV-A SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Civil Appeal No(s). 4202/2010 M/S AGRO SOLVENT PRODUCTS(P) LTD. Appellant(s) VERSUS ADDITIONAL COMMISSIONER OF INCOME TAX & ANR. Respondent(s) Date : 24-09-2020 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MS. JUSTICE INDIRA BANERJEE For Appellant(s) Mr. Rajender Singhvi, Adv. Mr. R. Santhanam, Adv. Mr. Brij Bhushan, AOR For Respondent(s) Mr. R. S. Suri, ASG Mr. K. Radhakrishnan, Sr. Adv. Mr. Rupesh Kumar, Adv. Mr. Md. Akhil, Adv. Ms. Rukmani Bobde, Adv. Mrs. Anil Katiyar, AOR UPON hearing counsel Court made following ORDER appeal is dismissed in terms of signed order. Pending interlocutory application(s), if any, is/are disposed of. (JAYANT KUMAR ARORA) (NISHA TRIPATHI) COURT MASTER BRANCH OFFICER (Signed order is placed on file) Agro Solvent Products (P) Ltd. v. Additional Commissioner of Income-tax & Anr