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Income Tax Appellate Tribunal, ‘C’ BENCH : BANGALORE
Before: SHRI A.K GARODIA & SMT. BEENA PILLAI
PER BEENA PILLAI, JUDICIAL MEMBER Present cross appeals have been filed by assessee and revenue for assessment year 2010-11 arising out of order dated 29/03/2016 passed by Ld.CIT(A) -5 and appeal filed by assessee for assessment year 2011-12 arising out of order dated 17/11/2016, passed by Ld.CIT(A) -5. 2. At the outset, Ld.AR submitted that assessee has decided to go in for VSVS 2020. She accordingly submitted that, appeals filed by assesse for assessment years under consideration, may be allowed to be withdrawn with liberty. 3. Ld.Sr.DR do not object to the same. 4. We have perused submissions advances by both sides in light of records placed before us. 5. As assessee has sought for VSVS- scheme 2020, no purpose will be served in keeping the present appeal pending. Considering the situation, we dismiss the present appeal as withdrawn. However, liberty is granted to move appropriate application for recall of this order, in the event, Form 1 filed by assessee is not accepted by revenue. Accordingly, assessee’s appeals for assessment years under consideration is allowed to be withdrawn with liberty. In the result, assessee’s appeals are dismissed as withdrawn. 6. In the revenue appeal for assessement year 2010-11, it is submitted that all grounds relate to direction by Ld.CIT(A), to reduce expenditure incurred in travel, telecommunication,
Page 3 of 5 IT(TP)A Nos.1226 & 1321/Bang/2016 IT(TP)A No.448/Bang/2017 etc from Export turn over as well as Total turnover for purpose of computation of deduction u/s.10A.
It has been submitted that, Ld.CIT(A) followed decision of Hon’ble Karnataka High Court in case of Tata Elxsi Ltd. vs. ACIT reported in 349 ITR 98, where it is held that, “where certain expenses are excluded from the export turnover, for purpose of calculating deductions admissible under the Act, such expenses should also be excluded from total turnover as the export turnover forms part of total turnover”.
Ld.CIT.DR placed reliance on observations of Ld.AO/TPO.
We have perused submissions advanced by both sides in light of records placed before us.
We do not find any infirmity in view taken by Ld.CIT(A) and therefore we do not find any merit in grounds raised by revenue. Accordingly, grounds raised by assessee stands dismissed. In the result, appeal filed by assessee stands dismissed. Order pronounced in the open court on 22nd Sept, 2020.
Sd/- Sd/- (A.K GARODIA) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 22nd Sept., 2020. /Vms/
Page 4 of 5 IT(TP)A Nos.1226 & 1321/Bang/2016 IT(TP)A No.448/Bang/2017