DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE vs. M/S LSI INDIA RESEARCH & DEVELOPMENT PVT LTD , BANGALORE

The revenue has raised several grounds but the only grievance of the revenue is about the direction of CIT (A) to the AO that for computing the deduction allowable u/s 10A, expenditure incurred in foreign currency towards telecommunication & software consultancy expenses reduced by the AO from export turnover should also be reduced from total turnover.

Learned DR of the revenue supported the assessment order and learned AR of the assessee supported the order of CIT (A). She also submitted that this issue is covered in favour of the assessee by the judgment of Hon’ble Karnataka High Court rendered in the case of Tata Elxsi Ltd. as reported in 349 ITR 98.

I have considered the rival submissions. I find that in the case of Tata Elxsi Ltd. (Supra), this was held by Hon’ble Karnataka High Court that total turnover is sum total of export turnover and domestic turnover and hence, if an amount is reduced from export turnover, total turnover also gets reduced automatically by the same amount. Respectfully following this judgment, I decline to interfere in the order of CIT (A).

In the result, the appeal of the revenue is dismissed.