Supreme Court - Daily Orders
Seagram Distilleries (P) Ltd. (Now ... vs Commissioner Of Income Tax-Iii on 11 July, 2016
Bench: Kurian Joseph, Rohinton Fali Nariman
1
ITEM NO.17 COURT NO.11 SECTION IIIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)......CC No(s).
12104/2016
(Arising out of impugned final judgment and order dated 06/10/2015
in ITA No. 900/2009 passed by the High Court of Delhi at New Delhi)
SEAGRAM DISTILLERIES (P) LTD.
(NOW PERNOD RICARD INDIA LTD.) Petitioner(s)
VERSUS
COMMISSIONER OF INCOME TAX-III Respondent(s)
(With appln. (s) for c/delay in filing SLP and c/delay in refiling
SLP)
WITH
S.L.P.(C)...CC No. 12116/2016
(With (With appln.(s) for c/delay in refiling SLP and appln.(s) for
c/delay in filing SLP)
S.L.P.(C)...CC No. 12115/2016
(With appln.(s) for c/delay in refiling SLP and appln.(s) for
c/delay in filing SLP and Office Report)
S.L.P.(C)...CC No. 12132/2016
(With appln.(s) for c/delay in refiling SLP and appln.(s) for
c/delay in filing SLP and appln.(s) for c/delay in filing SLP and
Office Report)
Date : 11/07/2016 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) Mr. Deepak Chopra, Adv.
Mr. Rashi Khanna, Adv.
Mr. Anmol Anand, Adv.
Mr. Kishore Kunal,Adv.
For Respondent(s)
Signature Not Verified
UPON hearing the counsel the Court made the following
Digitally signed by
SWETA DHYANI
Date: 2016.07.13
O R D E R
17:37:50 IST Reason:
Delay condoned.
While summarizing the legal position the High Court has clearly held that in the case of assessee (petitioner), the actual 2 transit breakages, as and when they occur, are allowable as revenue expenditure in the accounting year in which such breakages occur.
In that view of the matter, we do not find any justification to interfere with the impugned judgment.
The special leave petitions are accordingly dismissed. Pending application, if any, shall also stands disposed of.
(Sweta Dhyani) (Renu Diwan)
SR. P.A. COURT MASTER