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Supreme Court - Daily Orders

Director Of Income Tax (International ... vs Krupp Udhe Gmbh on 10 May, 2023

Bench: M.R. Shah, C.T. Ravikumar

                                            IN THE SUPREME COURT OF INDIA

                                            CIVIL APPELLATE JURISDICTION

                                            CIVIL APPEAL NO. 2067 OF 2012


     DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION) MUMBAI Appellant(s)

                                                         VERSUS

     KRUPP UDHE GMBH                                                           Respondent(s)



                                                       O R D E R

The present Appeal is confined to only one question, namely, “whether when income is taxed on gross basis, non inclusion of charges towards reimbursement of expenses would be in violation of law as it would tantamount to taxation of income partly on net basis?” It is reported that the tax effect on the aforesaid question would be Rs.39,00,000/- (approx.), which will be below the monetary limit of Rs. 2 Crores to prefer an Appeal before this Court.

In that view of the matter, the present Appeal stands dismissed/disposed of on the ground of low tax effect only.

However, the question of law is left open .

...........................J (M.R. SHAH) ...........................J Signature Not Verified (C.T. RAVIKUMAR) New Delhi;

Digitally signed by R
Natarajan
Date: 2023.05.11
     May 10, 2023
16:41:20 IST
Reason:
ITEM NO.105                COURT NO.4                   SECTION IX

               S U P R E M E C O U R T O F       I N D I A
                       RECORD OF PROCEEDINGS

Civil Appeal No(s). 2067/2012 DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION) MUMBAI Appellant(s) VERSUS KRUPP UDHE GMBH Respondent(s) Date : 10-05-2023 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Appellant(s) Mr. N. Venkataraman, A.S.G. Mr. Arijit Prasad, Sr. Adv.

Mr. Raj Bahadur Yadav, AOR Mr. V Chandrashekhara Bharathi, Adv. Mr. Rupesh Kumar, Adv.

Ms. A K Kaul, Adv.

Mr. Adit Khorana, Adv.

Mr. Vijaynand Tripathi, Adv.

Mr. Vivasvan Gautam, Adv.

Mr. Inderjeet Prasad, Adv.

For Respondent(s) Mr. K. V. Mohan, AOR Mr. Rajan Bhatia, Adv.

Mr. K.v. Balakrishnan, Adv.

UPON hearing the counsel the Court made the following O R D E R The present Appeal stands dismissed/disposed of on the ground of low tax effect only in terms of the signed order. (R. NATARAJAN) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file)