MR. SANJEEV GUPTA,NEW DELHI vs. ADDL.CIT, NEW DELHI
In the result, ground No. 3 and 4 With respect to the disallowance of export commission of the appeal of the assessee are allowed
ITA 3366/DEL/2014[2010-11]Status: DisposedITAT Delhi02 Jan 2018AY 2010-11
Bench: Shri Amit Shukla & Shri Prashant Maharishisanjeev Gupta, Vs. Addl. Cit, E-31, Kamla Nagar, Range-20, New Delhi New Delhi Pan:Ahcpg7326A (Appellant) (Respondent)
For Appellant: Shri Satish Aggarwal, CAFor Respondent: Shri Kaushlendra Tiwari, Sr. DR
Section 143Section 195Section 40Section 5Section 5(2)(b)Section 9Section 9(1)(i)
…are there in section 80–O. The decision in the case of Blue Dart Express Limited (supra) Sanjeev Gupta Vs. Addl. CIT, came up for consideration before the Mumbai bench of the tribunal in Dampskibsselskabet AF 1912 v. Addl. DIT (International Taxation) [(2011) 51 DTR 148] (to which one of us, namely, the ld. JM is party) in which it has been held that the ratio laid down in that case cannot be universally applied. Due to material difference in the language of sections 9(1)(vii) and 80–O as discussed above, we hold that the decision in Blue Dart Express Limited (supra), can not be held to be supporting the case of…