Supreme Court · 2012 INSC 83 · Decided 8 February 2012

M/S Topman Exports v. Commissioner of Income Tax, Mumbai

Court
Supreme Court of India
Citation
2012 INSC 83 · [2012] 4 S.C.R. 684
Case number
CIVIL APPEAL No. 1699/2012
Decided
8 February 2012
Bench
S.H. KAPADIA, A.K. PATNAIK, SWATANTER KUMAR (3-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Income Tax Act Section 28(iiib), 28(iiid)

Headnote

Income Tax Act, 1961 - ss. 28(iiib) & (iiid) and s.80HHC C - Assessment Year 2002-2003 - Whether the entire amount received by an assessee on sale of Duty Entitlement Pass Book ('DEPB') represents profit on transfer of DEPB u/ s.28(iiid) for purpose of computation of deduction retained for export business u/s. 80HHC - Held: o DEPB_ is "cash assistance" receivable by a person against exports under the scheme of the Government of India and falls under clause (iiib) of s.28 and is chargeable to income tax under the head "Profits and Gains of Business or

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