M/S. MITSUI & CO. LTD.,NEW DELHI vs. DDIT, NEW DELHI
In the result, all the three appeals filed by the Revenue are dismissed and the two appeals filed by the assessee are allowed
ITA 4367/DEL/2011[2007-08]Status: DisposedITAT Delhi07 Jan 2020AY 2007-08
Bench: Shri R.K. Panda & Shri Kuldip Singh
For Appellant: Shri Ved Jain, AdvocateFor Respondent: Shri G.K. Dhall, CIT, DR
Section 44B
…he same will be to the account of the employer and not the assessee which can be seen from para 92.2 at page 117, 38.1 and 38.2 at page 124 of the contract. 37. So far as the reliance on the decision in the case of Usha Beltron Ltd. v. State of Punjab (2205) 7 SCC 58 on the issue of transfer of title of the goods is concerned, the same, in our opinion, is misplaced. A perusal of the following observation of the decision makes it very clear that the said decision is not applicable to the facts of the present case.:- “These terms clearly indicate that the property in the goods remain at the risk of the appellant…