ITA Nos. 93/2002 & 120/2008 Page 1 of 35

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+

INCOME TAX APPEAL NOS. 93/2002 & 120/2008

Reserved on: 3^rd December, 2014

%

Date of Decision: 3^rd February, 2015

HCL LIMITED ..... Appellant

Through

Mr. Ajay Vohra, Sr. Advocate with

Ms. Kavita Jha & Mr. Vivek Bansal,

Advocates.

Versus

THE COMMISSIONER OF INCOME TAX NEW DELHI

….. Respondent

Through

Ms. Suruchi Aggarwal, Sr. Standing

Counsel.

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA

HON'BLE MR. JUSTICE V. KAMESWAR RAO

SANJIV KHANNA, J.:

HCL Infosystems Limited, formerly known as HCL Limited, a

representative assessee of Apollo Domain Computers, GmbH Germany,

has filed these two appeals under Section 260A of the Income Tax Act,

1961 (Act, for short) pertaining to Assessment Years 1989-90 and 1990-91.

2. By order dated 9^th October, 2002, ITA No. 93/2002 was admitted for

hearing on the following substantial question of law:

“Whether the Tribunal was right in holding t