✦ Delhi High Court

DELHI AT NEW DELHI + ITA 1097/2005 COMMISSIONER OF INCOME TAX v. M/S NEW LIGHT APPARELS LTD

DINESH MEHTA, VINOD KUMAR

Case at a glance

Outcome

Dismissed

In view of the aforesaid, the appeal is dismissed

Provisions considered

Key paragraphs

  • Para 33. In view of the aforesaid, the appeal is dismissed.

Judgment

Cause title

IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1097/2005 COMMISSIONER OF INCOME TAX V .....Appellant Through:

Mr. Vipul Agrawal, SSC with Ms. Harshita Kotru, Adv.

versus

M/S NEW LIGHT APPARELS LTD. .....Respondent Through:

Mr. Nischay Kantoor, Adv.

CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VINOD KUMAR

O R D E R

% 03.02.2026

1.

While admitting the appeal on 29.03.2006. The following question was framed:

Whether the insertion of Sub-Section 3 of Section 10B of the Income Tax Act by Finance Act, 2000 is clarifactory making receipt of foreign exchange from 100% Export Oriented Unit a condition precedent for grant of tax concession under Section 10-B of the Income Tax Act, 1961?

2.

Learned counsel for the respondent at the outset submitted that the addition on this count is only Rs.24,28,827/- and therefore the appeal deserves to be dismissed in light of CBDT Circular No.5/2024 dated 15.03.2024 read with Circular No. 9/2024 dated 17.09.2024.

Operative part

3.

In view of the aforesaid, the appeal is dismissed.

4.

Needless to observe that the appellant-department shall be free to move This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/02/2026 at 12:16:47 application for revival of the appeal, in case it falls in the exceptions. DINESH MEHTA, J. VINOD KUMAR, J. FEBRUARY 3, 2026/sr

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: In view of the aforesaid, the appeal is dismissed

Which statutory provisions did this judgment involve?

Income Tax Act, 1961 — s. 10B; Finance Act, 2000.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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