Supreme Court of India · 2012-02-08
Vikas Kalra vs C.I.T
- Court
- Supreme Court of India
- Petitioner
- Vikas Kalra
- Respondent
- C.I.T
- Author
- A. K. Patnaik
- Bench
- S.H. Kapadia, A.K. Patnaik, Swatanter Kumar
Judgment text excerpt
The Supreme Court addressed appeals against the Delhi High Court's orders regarding deductions under Section 80HHC of the Income Tax Act, 1961. The Court held that the Tribunal's reliance on the Special Bench decision in M/s Topman Exports was incorrect due to its reversal by the Bombay High Court in Commissioner of the Income Tax v. Kalpataru Colours and Chemicals. The Court remitted the case to the Tribunal for a merits-based decision, affirming the High Court's stance on the exclusion of DEPB profits from total turnover under Explanation (baa) of Section 80HHC.