Bombay High Court
Commissioner Of Income Tax Ltu vs Reliance Industries Ltd on 15 January, 2019
Author: M.S. Sanklecha
Bench: Akil Kureshi, M.S. Sanklecha
Uday S. Jagtap 1024-16-ITXA-11==.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.1024 OF 2016
Commissioner of Income Tax-LTU .. Appellant
v/s.
M/s. Reliance Industries Ltd. .. Respondent
Mr. Tejveer Singh for the appellant Mr. Jehangir Mistri, Senior Counsel a/w Mr. Madhur Agarwal, Mr. P.C. Tripathi I/b Raj Darak for the respondent CORAM : AKIL KURESHI & M.S. SANKLECHA, J.J. DATED : 15 th JANUARY, 2019 P.C.
1. This appeal is admitted for consideration on following question of law :-
"Whether in the facts and circumstances of the case and in law, the Tribunal was right in holding that the receipt of Rs.40,02,378/- recovered by way of penalties from contractors and cash discount of Rs.18,77,219/- arose out of business of the assessee and, therefore, 90% thereof was not required to be excluded from the net profit in order to compute "profits of the business" in term of Section 80HHC of the Act while computing assessee's book profit under Section 115JB of the Act?"
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2. We notice that the Revenue has raised an additional question, which reads as under :-
"Whether in the facts and circumstances of the case and in law, the Tribunal was right in allowing commission / surcharge paid to State Oil Marketing Organization ("SOMO"), an Iraqui government Agency ignoring the UN-Constituted Volcker Committee report (India being a member state of the UN) which was prepared after due diligence and investigation of documents as well as personal interviews?"
3. However, in case of this very assessee in Income Tax Appeal No. 993 of 2016, we have considered this question but not entertained.
This additional question, therefore, is not entertained in this appeal.
4. Learned Counsel for the respondent waives service.
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