THE INCOME TAX OFFICER WARD-6(1)(1), BANGALORE vs. M/S SCANCAFE DIGITAL SOLUTIONS PVT LTD, BANGALORE

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ITA 1218/BANG/2017Status: DisposedITAT Bangalore03 November 2017AY 2011-122 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 followed the Karnataka High Court judgment in CIT vs. Tata Elxsi Ltd., which was agreed upon by both parties. Therefore, the Tribunal declined to interfere with the CIT(A)'s order.

What were the facts?

The revenue appealed against the CIT(A)'s order directing the AO to reduce foreign currency expenses from export and total turnover for computing deduction under Section 10A. Both parties agreed the issue was covered by the Karnataka High Court judgment in CIT vs. Tata Elxsi Ltd.

What were the issues?

Whether foreign currency expenses should be reduced from export and total turnover for computing deduction under Section 10A, following the ratio of CIT vs. Tata Elxsi Ltd.

Which sections of the Income-tax Act were involved?

Section 10A

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, “B” BENCH : BANGALORE

Before: SHRI A.K. GARODIA & SHRI GEORGE GEORGE K

For Appellant: Shri Keerthinarayan Iyengar, C. A
For Respondent: Smt. Padmameenakshi, JCIT DR
Hearing: 02.11.2017Pronounced: 03.11.2017

Per Shri A.K. Garodia, Accountant Member

1.

This is a revenue’s appeal directed against the order of ld. CIT (A) – 6, Bangalore dated 18.01.2017 for Assessment Year 2011 – 12.

2.

The revenue has raised as many as 4 grounds but the only grievance of the revenue is regarding direction of CIT (A) to the AO to reduce expenses incurred in foreign currency, both from Export & Total Turnover for computing deduction u/s 10A as per the ratio laid down by Hon’ble Karnataka High Court in the case of CIT vs. Tata Elxsi Ltd., 349 ITR 98.

3.

Both sides agreed that the issue is covered in favour of the assessee by this judgment of Hon’ble Karnataka High Court. Respectfully

Page 2 of 2 following the same, we decline to interfere in the order of CIT (A) because his direction is in line with this judgment.

4.

In the result, the appeal filed by the revenue is dismissed.

Order pronounced in the open court on the date mentioned on the caption page.

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