Income Tax Vs. M/S. Larsen & Toubro Ltd.  INSC 108 (21 January 2009)
SUPREME COURT OF
INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 993 OF 2005 COMMISSIONER OF
INCOME TAX & ANR. Appellant (s) VERSUS M/S. LARSEN & TOUBRO LTD.
Respondent(s) (With office report ) WITH Civil Appeal NO. 992 of 2005 - With
office report Date: 21/01/2009 This Appeal was called on for hearing today.
HON'BLE MR. JUSTICE
S.H. KAPADIA HON'BLE MR. JUSTICE AFTAB ALAM For Appellant(s) Mr. K.
Mr. Arijit Prasad,
Mr. Aman Ahluwalia,
Mr. Rahul Kaushik,
Mr. B.V. Balaram
For Respondent(s) Mr.
P.J. Pardiwalla, Sr.Adv.
UPON hearing counsel
the Court made the following ORDER The appeals are dismissed with no order as
(S. Thapar) (Madhu
Saxena) PS to Registrar Court Master The signed order is placed on the file.
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.993 OF 2005 COMMISSIONER
OF INCOME TAX & ANR. ...APPELLANT (S) VERSUS WITH CIVIL APPEAL NO. 992 OF
2005 ORDER A short question which arises for determination in these Civil
Appeal(s) is - whether the assessee (s) was under statutory obligation under
Income Tax Act, 1961, and/or the Rules to collect evidence to show that its
employee(s) had actually utilized the amount(s) paid towards Leave Travel
Concession(s)/Conveyance Allowance? It may be noted that the beneficiary of
exemption under Section 10(5) is an individual employee. There is no circular
of Central Board of Direct Taxes (CBDT) requiring the employer under Section
192 to collect and examine the supporting evidence to the Declaration to be
submitted by an employee(s).
For the above reasons
there is no merit in the Civil Appeals and the same are dismissed with no order
as to costs.