DCIT, CENTRAL CIRCLE-1(2), HYD, HYDERABAD vs. AUROBINDO PHARMA LTD., HYD, HYDERABAD

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ITA 865/HYD/2016Status: DisposedITAT Hyderabad17 November 2021AY 2009-103 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that freight charges should be excluded from both export turnover and total turnover, following previous tribunal orders and a Supreme Court judgment. The Revenue's appeal was found to have no merit.

What were the facts?

The Revenue appealed against an assessment order concerning the exclusion of freight charges from export and total turnover for the assessment year 2009-10. This issue had been previously decided by the tribunal and settled by the Supreme Court.

What were the issues?

Whether freight charges should be excluded from export turnover and total turnover for the purpose of calculating deductions.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 153A,Section 144C(13)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, HYDERABAD BENCHES “A” : HYDERABAD

Before: SHRI S.S.GODARA & SHRI LAXMI PRASAD SAHU

For Revenue : Shri Balakrishna, CIT-DR For Assessee : Shri P.V.S.S.Prasad, AR Date of Hearing : 08-09-2021 Date of Pronouncement : 18-11-2021 O R D E R PER S.S.GODARA, J.M. : This Revenue’s appeal for AY.2009-10 arises against the DCIT, Central Circle-1(2), Hyderabad’s assessment dated 19-04-2016 framed in furtherance to the Dispute Resolution Panel (‘DRP’)-1, Bengaluru’s directions dt.12-11-2015 in F.No.343 / DRP-BNG / 2015-16, involving proceedings u/s.143(3) r.w.s.153A r.w.s.144C(13) of the Income Tax Act, 1961 [in short, ‘the Act’]. Heard both the parties. Case file perused.

2.

The Revenue’s substantive grievance raised in the instant lis seeks to exclude its freight charges not only from export but also from total turnover; is no more res integra as per the tribunal’s common order in AYs.2004-05, 2007-08 to 2009-10 involving this taxpayer itself decided on 15-12-2017 in the very terms against the department. We further note that the hon'ble apex court has also settled the issue in Addl.CIT Vs. HCL Technologies Ltd., (2018) 404 ITR 719 (SC) followed by the CBDT circular No.4/2018 setting it to rest in clarifying that such charges are to be excluded from both export as well as total turnover. We thus find no merit in the Revenue’s instant sole substantive grievance. No other ground has been pressed before us.

3.

This Revenue’s appeal is dismissed in above terms.

Order pronounced in the open court on 18th November, 2021

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