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2018 Supreme(SC) 560

R.K.AGRAWAL, R.BANUMATHI
Commissioner of Income Tax, Central-III – Appellant
Versus
HCL Technologies Ltd. – Respondent


JUDGMENT :

R.K. Agrawal, J.

1. Leave granted.

2. These appeals have been filed against the impugned judgment and order dated 15.12.2009 passed by the High Court of Delhi in ITA Nos. 1244 and 1250 of 2009 whereby the Division Bench of the High Court had dismissed the appeals filed by the Revenue – the appellant herein while upholding the order passed by the Income Tax Appellate Tribunal (in short ‘the Tribunal’) dated 30.03.2007. Since the moot question is same in all the appeals connected with the main matter, the same would stand disposed off vide this common judgment.

Civil Appeal Nos. 8489-8490 of 2013

3. Brief facts:

(a) The Respondent – HCL Technologies Ltd. is a company registered under the Companies Act, 1956 and engaged in the business of development and export of computer softwares and rendering technical services.

(b) The Respondent has shown gross income from business at Rs. 267,01,76,529/- while claiming deductions under Section 10A of the IT Act to the tune of Rs. 273,45,39,379/- showing a net loss of Rs. 6,43,62,850/-. The Respondent filed its return of income for the As






































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