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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+                          ITA No. 442/2005


                                         Reserved on: 11th November 2017
                                          Decided on: 7th December, 2017

       MARUTI UDYOG LTD.                                       ..... Petitioner
                   Through:              Mr. S. Ganesh, Senior Advocate with
                                         Ms. Kavita Jha, Mr. S. Sukumaran,
                                         Mr. Anand Sukumar, Mr. Bhuwan
                                         Dhoopar, Ms. Roopali Gupta and Mr.
                                         Bhupesh Pathak, Advocates.

                                versus

       COMMISSIONER OF INCOME TAX, DELHI         ..... Respondent
                   Through: Mr. Ruchir Bhatia, Senior Standing
                            Counsel, Mr. Puneet Rai, Junior
                            Standing Counsel and Mr. Gaurav
                            Kheterpal, Advocate.

       CORAM: JUSTICE S.MURALIDHAR
              JUSTICE PRATHIBA M. SINGH
                                JUDGMENT
%                                07.12.2017
Dr. S. Muralidhar, J.:

1. This is an appeal by the Assessee against the impugned order dated
28th March 2005 passed by the Income Tax Appellate Tribunal (,,ITAT) in
ITA No.678/Del/2004 for the AY 2000-01.

2. While admitting this appeal on 24th April 2006, the following questions of
law were framed for consideration:

ITA No.442/2005                                                     Page 1 of 3
        "i. Whether the ITAT erred in law in confirming the disallowance of
        the amount of Rs.2,93,59,644/- deposited by the Appellant in its
        Central Excise Personal Ledger Account (PLA) before 31.3.2000 i.e.
        the end of the relevant accounting year even though the assessee has
        already incurred liability of excise duty of a much higher value?






        ii. Whether the ITAT had committed an error of law in upholding the
        disallowance of the amount of Rs.65,43,26,890/- which represented
        MODVAT credit of excise duty that remained unutilized by
        31.3.2000 i.e. the end of the relevant accounting year?

        iii. Whether the ITAT has committed an error of law in upholding the
        disallowance of Rs.3,57,51,194/- in respect of Sales Tax Recoverable
        account, under Section 43B of the Income Tax Act?

        iv. Has not the ITAT erred in law in failing to allow the software
        expenditure of Rs.1,82,71,588/- incurred by the Appellant as revenue
        expenditure?"

3. In view of the decision of this Court today in ITA No. 31 of 2005,
Question (i) is answered in the affirmative, i.e. in favour of the Assessee and
against the Revenue.

4. Question (ii) is answered in the negative, i.e. in favour of the Revenue and
against the Assessee in view of the decision of this Court in ITA No. 31 of
2005.

5. Question (iii) is again answered in the negative, i.e. in favour of the
Revenue and against the Assessee.






6. Question (iv) is answered in the affirmative, i.e. in favour of the Assessee
and against the Revenue.


ITA No.442/2005                                                     Page 2 of 3
7. ITA No.442 of 2005 is disposed of accordingly.


                                                    S. MURALIDHAR, J.



                                              PRATHIBA M. SINGH, J.
DECEMBER 07, 2017
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ITA No.442/2005                                              Page 3 of 3