Topman Exports vs Commr Of Income Tax,Mumbai on 8 February, 2012
Author: A. K. Patnaik
Bench: Swatanter Kumar , S. H. Kapadia , A. K. Patnaik ... Arising out of SLP (C) NO. 26558 OF 2010)
M/s Topman Exports … Appellant
Versus
Commissioner of Income Tax, Mumbai … Respondent
WITH
CIVIL APPEAL
decision of the Supreme
Court in the case of 'Topman Exports v. CIT ' which held
that DEPB entitlement is 'cash assistance ... decision of Hon‟ble Supreme
Court in the case of Topman Exports v. CIT (2012) 342 ITR 49(SC)
praying for grant of deduction
been amply clarified by the Supreme Court in case of
Topman Exports v. Commissioner of Income Tax,
Mumbai reported ... vastly different. Observations of the Supreme
Court in case of Topman Exports (supra), were made in
context of provisions contained in section 80HHC
reported in 317 ITR
218 with that of the decision of Topman Export reported in 342 ITR
0049. The Ld. AR of the appellant company ... submitted certain
observations of the SC in the case of Topman Export. Since the
honorable SC in the case of Topman Exports has observed that
Thereafter, the
Special Bench of Tribunal in the case of Topman Exports vs. ITO (OSD) 33 SOT 337
(SB) dated 11.08.2009 decided this issue ... decision of the Bombay High Court in the case of
Topman Exports (supra). Accordingly, he held that the issue of allowance of
4 Anandkumar Jain
that Hon.ble Supreme Court in the case of
M/s. Topman Exports (Supra) has held as under:-
"22. The aforesaid discussion -would show ... Supreme Court in the case of M/s. Topman Exports (Supra), we set
aside the issue to the file of the Assessing officer and direct
decision of the ITAT, Special Bench,
Mumbai in the case of Topman Exports -vs.- ITO reported in [2009] 125 TTJ (Mumbai)(SB)
289, the matter ... ITAT, Special Bench, Mumbai decision in the case of Topman
Exports will be Rs.31,45,678/-, which reads as under :-
Sr. No. Particulars Amount
given by the Hon'ble ITAT in
the case of Topman Exports, 125 TTJ 289 (S.B.) Mumbai, ignoring
the fact ... case of the
Commissioner of Income Tax-14 Vs. Topman Exports (Income Tax
2
ITA No : 6316/Mum/2010
DCIT-41,Mumbai
2006 and
5653/M/2006 I the cases of M/s. Topman Exports & M/s. Kalpataru Colours &
Chemicals respectively.
3. On the facts ... Bench decision of the ITAT in the
case of M/s. Topman Exports vs. ITO (124 ITD 1) (Mum) (SB) in support of the
claim
Special Bench in the case of Topman Exports v. ITO (318
ITR(AT)87). According to the ld. DR, Hon'ble Bombay High Court ... reversed the decision of the Special Bench in Topman Exports
(supra) and hence there is a mistake apparent in the order of the
Tribunal
