COMMISSIONER OF INCOME TAX Vs. SUSHIL KUMAR GUPTA

LAWS(SC)-2012-9-115

SUPREME COURT OF INDIA

Decided on September 12,2012

COMMISSIONER OF INCOME TAX Appellant

VERSUS

SUSHIL KUMAR GUPTA Respondents

JUDGEMENT

- (1.) DELAY condoned.
(2.) LEAVE granted. The civil appeals filed by the Department are dismissed.
(3.) NO order as to costs. 1. Delay condoned. 2. Leave granted. 3. In these civil appeals the common question which arises for determination is as follows: "Whether 90 percent of export benefits disclaimed in favour of a supporting manufacturer (assessee herein) have to be reduced in terms of Explanation (baa) of Section 80HHC of the Income Tax Act, 1961, while computing deduction admissible to such supporting manufacturer under Section 80HHC(3A) of the Act?" ;

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