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august 1997

Supreme Court of India · 1997-08-28

THE COMMISSIONER OF INCOME TAX(CNTL), LUDHIANA vs M/S HERO CYCLES PVT. LTD. LUDHIANA

Citation / case number
SC 1996/80575
Court
Supreme Court of India
Petitioner
THE COMMISSIONER OF INCOME TAX(CNTL), LUDHIANA
Respondent
M/S HERO CYCLES PVT. LTD. LUDHIANA
Author
S. SAGHIR AHMAD SUHAS C. SEN
Bench
S. SAGHIR AHMAD SUHAS C. SEN

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 35-B of the Income Tax Act, 1961, concluding that the Appellate Tribunal erred in allowing the assessee's claim for weighted deductions related to Export Sales Commission, E.C.G.C. Charges, and Foreign Dealers Visiting Expenses. The Court held that rectification under Section 154 is only permissible for glaring mistakes of fact or law, and since the dispute involved a mixed question of fact and law, the Tribunal's decision was overturned. The appeal was allowed in favor of the Revenue, with no order as to costs.

THE COMMISSIONER OF INCOME TAX(CNTL), LUDHIANA vs M/S HERO CYCLES PVT. LTD. LUDHIANA · Niyam