Pr. Commissioner Of Income Tax-6 vs Maruti Udyog Ltd
2017 Latest Caselaw 7074 Del

Citation : 2017 Latest Caselaw 7074 Del
Judgement Date : 7 December, 2017

Delhi High Court

Pr. Commissioner Of Income Tax-6 vs Maruti Udyog Ltd on 7 December, 2017

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+                           ITA No. 381/2016
                                       Reserved on: 11th November 2017
                                        Decided on: 7th December, 2017

       PR. COMMISSIONER OF INCOME TAX-6              ....Appellant
                    Through: Mr. Mr. Rahul Chaudhary and Mr.
                              Sanjay Kumar, Advocates.


                                  versus


       MARUTI UDYOG 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 order dated 24 th August 2015 passed by the ITAT in ITA Nos. 5120/Del/2010 and 2441/Del/2012 for AY 2006-07.

2. While admitting this appeal on 16th November 2016, the following questions of law were framed:

"Did the ITAT fall into error in cancelling the additions in respect of

the following:-

i) Custom Duty paid on import of components for export purposes for which export had not been made by year end: Rs. 8,65,07,635/- & Rs. 1,47,142/-.

ii) Custom Duty on Inventory in closing stock: Rs. 22,52,46,693/-.

(iii) Did the Tribunal fall into error in ruling that sales tax exemptions received to the tune of Rs. 32,25,70,213/from Government of Haryana was capital in nature overlooking the decision of Supreme Court in Sahney Steel & Press Works Ltd v. CIT (l997) 228 ITR 253?

3. In view of the orders passed today by this Court in ITA Nos. 250 of 2005 and 171 of 2012, the questions are answered in the negative, i.e. in favour of the Assessee and against the Revenue. The appeal is accordingly dismissed.

S. MURALIDHAR, J.

PRATHIBA M. SINGH, J.

DECEMBER 07, 2017 Rm