Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2016 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (1) TMI 1487 - HC - Income TaxDisallowance u/s 10B - receipts from international recruitment services - whether receipts were covered within the meaning of export of article or things or computer software and were not eligible for deduction under Section 10B of the Act? - HELD THAT:- Issue stands answered in the Assessee’s own case in its favour by the decision of this Court in Commissioner of Income Tax-II v. M. L. Outsourcing Services (P) Ltd. [2014 (9) TMI 396 - DELHI HIGH COURT] for AY 2007-08. The ITAT has, in fact, followed the said decision while deciding the question in favour of the Assessee. It is stated that the Revenue has gone in an appeal against the said decision to the Supreme Court and the said appeal is pending. Consequently, the Court declines to frame a question on this issue. Delayed Employees contribution to the Employees Provident Fund (EPF) and the Employees State Insurance Scheme (ESI) - deemed as the employer’s income u/s 2(24)(x) of the Act and which is subject to deduction u/s 36(1)(va) of the Act is also governed by section 43B of the Act - HELD THAT:- Revenue seeks to place reliance on the decision of the Gujarat High Court in CIT v. Gujarat State Road Transport Corporation [2014 (1) TMI 502 - GUJARAT HIGH COURT] which according to him decides the issue in favour of the Revenue. However, there are numerous decisions of this Court that have answered the very question in favour of the Assessee. These include CIT v. AIMIL Ltd. [2009 (12) TMI 38 - DELHI HIGH COURT], CIT v. P.M. Electronics Ltd. [2008 (11) TMI 3 - DELHI HIGH COURT], CIT v. Vinay Cement Ltd. [2007 (3) TMI 346 - SC ORDER] and CIT v. Dharmendra Sharma [2007 (11) TMI 39 - DELHI HIGH COURT] - Consequently, the Court declines to frame the question.
|