Cit v. Maruti Suzuki India Ltd

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA No. 905/2011

Reserved on: 11th November 2017

Decided on: 7th December, 2017 COMMISSIONER OF INCOME TAX, DELHI ....Appellant Through:

Mr. Mr. Rahul Chaudhary and Mr.

Sanjay Kumar, Advocates.

versus MARUTI SUZUKI INDIA LTD.

..... Respondent Through :

Mr. S. Ganesh, Senior Advocate with Ms. Kavita Jha, Mr. S. Sukumaran, Mr. Anand Sukumar, Mr. Bhuwan Dhoopar, Ms. Roopali Gupta and Mr.Bhupesh Pathak, Advocates.

CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH

JUDGMENT

% 07.12.2017 Dr. S. Muralidhar, J.:

1. This is an appeal by the Revenue against the impugned order dated 29th October 2010 passed by the Income Tax Appellate Tribunal („ITAT‟) in ITA No.664/Del/2008 for the AY 1998-99.

2. While admitting this appeal on 10th August 2011, the following questions ITA No. 905/2011

of law were framed for consideration:

"Whether the Tribunal is right in holding that on account of duty drawback had not accrued and become payable to the assessee and cannot be included in the taxable income of the assessee for the assessment year 1994-95,1997-98, 1998-99?"

3. In view of the decision of this Court today in ITA No. 250 of 2005, the question is answered in the affirmative, i.e. in favour of the Assessee and against the Revenue.

4. ITA No. 905 of 2011 is accordingly dismissed. S. MURALIDHAR, J.

PRATHIBA M. SINGH, J.

DECEMBER 07, 2017 Rm ITA No. 905/2011