Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2015 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (4) TMI 510 - HC - Income TaxProvisions of Section 80-HHC of the Income Tax Act, 1961 - Deduction for commission received from Indian parties on transfer of export orders - Held that:- At the outset this Court notices that the impugned order has relied upon a special bench decision of the ITAT - International Research Park Laboratories Ltd. [1994 (7) TMI 304 - ITAT DELHI].The view expressed in that order of the Tribunal by the special bench was that the income derived by the assessee towards commission/brokerage for procuring export orders for others is eligible for benefit under Section 80HHC(3) of the Income Tax Act. The said view has been in effect approved by the judgment of the Supreme Court in P.R. Prabhakar [2006 (7) TMI 121 - SUPREME Court]. This Court also notices that view expressed in P.R. Prabhakar and International Research Park Laboratories has been noticed and approved subsequently in two Division Bench judgments - Lotus Trans Travels Pvt. Ltd. [2010 (12) TMI 126 - DELHI HIGH COURT] and Anil Chanana [2012 (9) TMI 17 - DELHI HIGH COURT].For the above mentioned reasons the appeal is answered against the revenue and in favour of the assessee. -Decided against the revenue.
|