Goyal Impex & Industries Ltd v. Commissioner Of Income Tax
High Court
25 Jul 2012 In favour of: Assessee
Forum / Bench
High Court · dhcdb
Parties
Goyal Impex & Industries Ltd v. Commissioner Of Income Tax
Date of order
25 Jul 2012
Assessment year(s)
—
Outcome
Allowed
The order — as passed by the High Court
Case summary
In Goyal Impex & Industries Ltd v. Commissioner Of Income Tax, the High Court (2012) allowed the appeal. The decision went in favour of the assessee.
Issue: JUSTICE R.V.EASWAR ORDER % 25.07.2012 The question involved in this appeal is to [the admissibility ][of ][the DEPB ][credit]whether it is chargeable under Section 2S(iiid) [of ][the Income Tax ][in ][the ][year ][in which ][it]was applied for against exports and [the ][consequential amendment ][by...
Decision: This appeal is accordingly [dismissed.] 3.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
s-32 &33
IN THE HIGH COURT OF DELHI AT NEW DELHI
+rrA 816/2010
GOYAL IMPEX & INDUSTRIES LTD..... AppellantThrough Mr. V N Jha, Adv.
versus
COMMISSIONER OF INCOME TAX..... Respondent
Through Mr. N P Sahni, sr. standing counsel
-TrTA207l20rr
..... Appellant
CIT
Through Mr. N P Sahni, sr. standing counsel
versus
GOYAL IMPEX & INDUSTRIES LTD
INDUSTRIES LTD..... RespondentThrough Mr. V N Jha and Ms. Manasvini [Bajpai, Adv.]
CORAM:HON'BLE MR. JUSTICE S. RAVINDRA BHATHON'BLE MR. JUSTICE R.V.EASWAR
ORDER
% 25.07.2012
The question involved in this appeal is to [the admissibility ][of ][the DEPB ][credit]whether it is chargeable under Section 2S(iiid) [of ][the Income Tax ][in ][the ][year ][in which ][it]was applied for against exports and [the ][consequential amendment ][by ][inserting ][the ][3'd]proviso to section 80HHC.2. As far as the other question arising for consideration in ITA [816/2010 ][is]concerned, i.e., the question of the [legality ][of ][the order ][under ][Section ][263, ][does ][not ][arise]for consideration in view of [the fact ][that order ][dated 20.3.2006 ][of ][the ][Tribunal ][had]become final. This Court [had ][granted ][opportunities ][to ][counsel ][to ][seek ][instructions ][to]withdraw the appeal in the light of the [decision ][in ][Topman Exports ][(supra), ][however ][no]
instructions are forthcoming. In view of the [said ][position ][with ][regard ][to ][the ][applicability]of Section 263 no [question ]arises for [consideration. ][Therefore there ][does ][not ][arise ][any]substantial question of law. This appeal is accordingly [dismissed.]
3. This court has been apprised of the decision of [the ][Supreme ][Court ][in ][Topman]Exports V* Comntissioner of Income [Tax (2012) ][342 ] [49 ][(SC). ][Following ][the ][said]decision the Assessing Officer is [directed ][to ][compute ][the ][deduction ][under ][Section]80HHC in the case of the assessee in accordance [with ][law. ][The ][appeal ][ITA No.207l20ll]is allowed on the above terms.
s. RAVINDRA BHAT, J
JULY 25,2012vld
-tt(*"-, R.V.EASWAR, J
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