Commissioner Of Income Tax, Delhi vs Maruti Suzuki India Ltd
2017 Latest Caselaw 7086 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+                        ITA No. 172/2012
                                        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 19th August 2011 passed by the Income Tax Appellate Tribunal („ITAT‟) in ITA No.2188/Del/2010 for the AY 2005-06.

2. While admitting this appeal on 14th May 2013, the following question of law was framed for consideration:

"Whether on the facts and in circumstances of the case, the Income Tax Appellate Tribunal was correct in law in deleting the addition of Rs.23,67,21,074/- by applying provisions of section 43B of the Income Tax Act, 1961 in respect of the Custom Duty paid on import of components which were used for export by the end of the year?"

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

4. ITA No. 172 of 2012 is accordingly dismissed.

S. MURALIDHAR, J.

PRATHIBA M. SINGH, J.

DECEMBER 07, 2017 Rm