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Income Tax Appellate Tribunal, Hyderabad ‘ A ‘ Bench, Hyderabad
Before: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman
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”.
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.
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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