Commissioner Of Income Tax ... vs Hero Honda Motors Ltd.
2010 Latest Caselaw 4208 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+       ITA 863/2010
COMMISSIONER OF INCOME TAX DELHI-IV ..... Appellant
                  Through: Mr. Sanjeev Sabharwal, Advocate

                         versus

HERO HONDA MOTORS LTD.                                             ..... Respondent

Through: None.

% Date of Decision: 10th September, 2010

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN

1. Whether the Reporters of local papers may be allowed to see the judgment? No.

2. To be referred to the Reporter or not? No.

3. Whether the judgment should be reported in the Digest? No.

MANMOHAN, J:

CM No.11851/2010

This is an application for condonation of delay in refiling the

appeal.

For the reasons stated in the application, delay in refiling the

appeal is condoned.

Accordingly, the application stands disposed of.

ITA 863/2010

1. The present appeal has been filed under Section 260A of the

Income Tax Act,1961 challenging the order dated 08th August, 2008

passed by the Income Tax Appellate Tribunal (in short "Tribunal") in

ITA No. 815/Del of 2002 for the Assessment Year 1998-1999.

2. In the present appeal, it has been urged that the Tribunal had

erred in law in upholding the Commissioner of Income Tax (Appeals)

order and in deleting the addition of ` 60,61,043/- made by the

Assessing Officer on account of foreign exchange fluctuation.

3. Admittedly, the aforesaid issue is covered against the Revenue by

the judgment of the Supreme Court in Commissioner of Income-Tax

vs. Woodward Governor India P. Ltd. (2009) 312 ITR 254 (SC).

Accordingly, the present appeal is dismissed in limine but without any

order as to costs.

MANMOHAN, J

CHIEF JUSTICE SEPTEMBER 10, 2010 js