DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(2), HYDERABAD vs. BA CONTINUUM INDIA PRIVATE LIMITED, HYDERABAD

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ITA 2260/HYD/2017Status: DisposedITAT Hyderabad18 July 2018AY 2013-142 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 if expenditure is excluded from export turnover, it must also be excluded from total turnover. Consequently, the Revenue's appeal was dismissed.

What were the facts?

The Revenue appealed against the CIT(A)'s order directing the exclusion of communication charges from total turnover. Both parties agreed that the issue was covered by a Supreme Court decision.

What were the issues?

Whether communication charges should be excluded from total turnover when they are excluded from export turnover.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘ A ‘ Bench, Hyderabad

Before: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

Hearing: 02.07.2018Pronounced: 18.07.2018

Per Smt. P. Madhavi Devi, J.M.

This is Revenue’s appeal for the A.Y 2013-14 against the order of the CIT (A)-1, Hyderabad, dated 28.08.2017. The only ground of appeal raised by the Revenue is as under:

“The learned CIT (A) erred in directing the AO to exclude communication charges of Rs.86,19,518 from the total turnover”.

2.

At the time of hearing, both the parties agreed that this issue is now covered in favour of the assessee by the decision of the Hon'ble Supreme Court in the case of CIT vs. HCL Technologies Ltd, in CIVIL APPEAL Nos.8489-8490 Of 2013 and Others, dated 24th April, 2018, wherein it has been held that if

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ITA No 2260 of 2017 BA Continuum India P Ltd Hyderabad.

any expenditure is excluded from the export turnover, then the same has to be excluded from the total turnover as well. In view of the same, Revenue’s appeal is dismissed.

3.

In the result, Revenue’s appeal is dismissed. Order pronounced in the Open Court on 18th July, 2018.

Sd/- Sd/- (S.Rifaur Rahman) (P. Madhavi Devi) Accountant Member Judicial Member

Hyderabad, dated 18th July 2018. Vinodan/sps

Copy to:

1 Dy.CIT, Circle 1(2), B-Block, 7th Floor, IT Towers, AC Guards, Masab Tank, Hyderabad 500004 2 BA Continuum India Priuvate Ltd, Building No.5, Mind Space, Raheja IT Park, Hi-Tech City, Madhapur, Hyderabad 500081 3 CIT (A)-1, Hyderabad 4 Pr. CIT – 1, Hyderabad 5 The DR, ITAT Hyderabad 6 Guard File

By Order

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