Cit vs Birlasoft Ltd

ik-85733184 Delhi High Court 3 December 2024 • 56 min read

Judges (2)

Swarana Kanta Sharma Coram Vibhu Bakhru Delivered

Counsel (7)

Abhishek Singhvi Counsel Respondent Adarsh Singh Counsel Appellant Aniket D. Agrawal Counsel Respondent Gaurav Gupta Counsel Appellant Neeraj Jain Counsel Respondent Shivendra Singh Counsel Appellant Yojit Pareek Counsel Appellant

Parties (2)

Birlasoft Ltd Respondent Commissioner of Income Tax - I Appellant

Case Significance

Cit vs Birlasoft Ltd is a Delhi High Court decision dated December 3, 2024 (citation: ik-85733184). The Revenue filed an appeal under Section 260A of the Income Tax Act challenging an ITAT order for AY 2004-05 on three grounds: deletion of a transfer pricing adjustment of Rs 4,95,51,723, deletion of an addition of Rs 19,26,120 for prior period expenses (Australian payroll taxes), and allowing deduction under Section 10A. The court found no substantial question of law, holding that the payroll tax liability had crystallized upon reconciliation of Australian payroll taxes in July 2003 and was The bench comprised Justices Swarana Kanta Sharma and Vibhu Bakhru. The judgment was delivered by Justice Vibhu Bakhru.

Summary

The Revenue filed an appeal under Section 260A of the Income Tax Act challenging an ITAT order for AY 2004-05 on three grounds: deletion of a transfer pricing adjustment of Rs 4,95,51,723, deletion of an addition of Rs 19,26,120 for prior period expenses (Australian payroll taxes), and allowing deduction under Section 10A. The court found no substantial question of law, holding that the payroll tax liability had crystallized upon reconciliation of Australian payroll taxes in July 2003 and was correctly allowed in AY 2004-05. The appeal was dismissed in its entirety.

What was the outcome of Cit vs Birlasoft Ltd?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-85733184)