THE COMMISSIONER OF vs. SYMANTEC SOFTWARE AND

T.C.A.Nos.138 & 139 of 2018 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.08.2022 CORAM : THE HONOURABLE MR. JUSTICE R. MAHADEVAN AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.Nos.138 & 139 of 2018 The Commissioner of Income tax, Chennai. ... Appellant in both TCAs Versus M/s. Symantec Software and Services India Pvt. Ltd., 1-124, Block 1C, 5th Floor, DLF IT Park, Mount Poonamallee Road, Moonlight Stop, Chennai 600 089. PAN: AALCS 5422K ... Respondent in both TCAs Appeals preferred under Section 260A of the Income Tax Act, 1961, against the order dated 20.07.2016 passed by the Income Tax Appellate Tribunal, “D” Bench, Chennai, in I.T.A.Nos.1289 & 1004/Mds/2015. For Appellant : Mr.J.Narayanaswamy Standing Counsel in both TCAs Page 1/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.138 & 139 of 2018

COMMON JUDGMENT (Judgment of the Court was delivered by R.MAHADEVAN, J.) These tax case appeals have been filed by the appellant / Revenue, challenging the common order dated 20.07.2016 passed by the Income Tax Appellate Tribunal, “D” Bench, Chennai, in I.T.A.Nos.1289 & 1004/Mds/2015, relating to the assessment years 2010-11.

2.By order dated 28.09.2016, this court admitted the aforesaid tax case appeals on the following substantial question of law: “Whether the Income Tax Appellate Tribunal erred in holding that expenditure incurred in foreign exchange towards telecommunication expenses, insurance expenses etc. had to be deducted form the total turnover for the purpose of computation of deduction under Section 10AA, in the light of Explanation 1(i) to Section 10AA of the Income Tax Act. 1961?" 3. When the matters were taken up for consideration, the learned counsel for the appellant / Revenue brought to the notice of this court the Circular No.17/2019 dated 08.08.2019 issued by the Central Board Direct Taxes, wherein, it is stipulated that appeals shall not be filed/pursued by the Department before the High Court in cases where the tax effect does not Page 2/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.138 & 139 of 2018 exceed Rs.1,00,00,000/- (Rupees One Crore). It is also submitted that the tax effect in these appeals is less than the threshold limit. 4. In the light of the aforesaid submissions made by the learned counsel for the appellant / Revenue, the present appeals, wherein, the tax effect is said to be less than the monetary limit imposed, are dismissed as withdrawn, keeping open the substantial question of law for determination in appropriate cases. No costs. (R.M.D., J.) (M.S.Q., J.) 23.08.2022

Internet : Yes

Index : Yes / No To 1. The Income Tax Appellate Tribunal, “D” Bench, Chennai. 2. The Commissioner of Income Tax, Chennai. 3. The Deputy Commissioner of Income-tax, Corporate Circle - 6(2), Ayakar Bhavan,7th Floor, New Block, Chennai - 34. R. MAHADEVAN, J. Page 3/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.138 & 139 of 2018 and MOHAMMED SHAFFIQ, J. av T.C.A.Nos.138 & 139 of 2018 23.08.2022 Page 4/4 https://www.mhc.tn.gov.in/judis