FAIR ISSAC INDIA SOFTWARE PRIVATE LIMITED,BANGALORE vs. ASST.C.I.T., BANGALORE
What did the Tribunal hold?
The Tribunal allowed the assessee to withdraw the transfer pricing grounds of appeal. It also allowed the ground related to Section 10A deduction, directing the AO to recompute it after reducing foreign travel expenses from total turnover.
What were the facts?
The assessee sought to withdraw transfer pricing grounds of appeal due to an Advance Pricing Agreement (APA) with the CBDT. For another ground, the assessee claimed deduction under Section 10A, arguing travel expenses in foreign currency should be reduced from total turnover.
What were the issues?
Whether transfer pricing grounds of appeal can be withdrawn due to an APA roll-back provision. Whether foreign travel expenses should be reduced from total turnover for Section 10A deduction.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Tata Elxsi Ltd.818 citing349 ITR 98 · 2012 · HC
Income Tax Appellate Tribunal, ‘B’ BENCH, BANGALORE
Before: SHRI. SUNIL KUMAR YADAV & SHRI A. K. GARODIA
Assessee by : Shri. Priyam Singhania, CA Revenue by : Ms. Neera Malhotra, CIT-DR-II Date of hearing : 21/09/2017 Date of pronouncement : 11/10/2017 O R D E R Per Sunil Kumar Yadav, JM :
This appeal is preferred by the assessee against the assessment order passed consequent to the order of the DRP on various grounds. The Director of the assessee company has moved an application stating that an agreement was entered upon between the appellant and CBDT on 31.08.2017 and pursuant to the agreement, assessee/appellant is required to give effect to the Advance Pricing Agreement (APA) Roll-back provisions contained in the agreement, as provided under Rule 10RA(4) of the IT Rules, 1962 (‘the Rules’) and in view of the Rule 10RA(4), the assessee’s request for the withdrawal of transfer pricing ground of appeal referred before the Tribunal. It was further stated that transfer pricing grounds of appeal filed before the Tribunal relate to the covered transactions under the APA and accordingly assessee wants to withdraw the IT(TP)A No. 1522/Bang/2015 Page 2 of 3 grounds of appeal from Nos.1 to 8 referred before the Tribunal. The request of the assessee was not objected to by the Revenue. We therefore allow the assessee to withdraw the ground Nos. 1 to 8 relating to transfer pricing issues. Accordingly, ground Nos. 1 to 8 are dismissed as withdrawn.
2. With regard to ground No.9, the learned counsel for the assessee has contended that this ground relate to deduction under section 10A of the IT Act and the issue is squarely covered by judgments of jurisdictional High Court in the case of Tata Elxsi 349 ITR 98. Therefore, the travel expenses incurred in foreign currency also be reduced from the total turnover in order to compute the deduction under section 10A of the Act. The learned DR did not object to the contentions of the assessee and we accordingly allow the ground of the assessee and direct the AO to reduce the travel expenses incurred in foreign currency from the total turnover also and then recompute the deduction under section 10A of the Act.
In the result, appeal of the assessee is partly allowed for statistical purposes. Order pronounced in the open court on this 11th October, 2017.
Sd/- Sd/- (A. K. GARODIA) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER Place : Bangalore Dated : 11/10/2017 /NShylu/*
IT(TP)A No. 1522/Bang/2015 Page 3 of 3
More judgments on Section 10A
- Ahaguru Education Technology Private… vs Deputy Commissioner of Income Tax…ITA 1993/CHNY/2026[2023-24]Status: Disposed23 Sept 2026AY 2023-24
- M/S. Aradhyaa Infra & Holdings Pvt. Ltd… vs ITO, Corp. Ward-1(1), ChennaiITA 1793/CHNY/2026[2020-21]Status: Disposed3 Sept 2026AY 2020-21
- Tech Mahindra Ltd, Mumbai vs DCIT Cir 2(3), MumbaiITA 7487/MUM/2012[2008-09]Status: Disposed24 Aug 2026AY 2008-09
- D.C.I.T. Circle 3(3), Mumbai vs Rbs Business Services P. Ltd., MumbaiITA 4467/MUM/2012[2007-08]Status: Disposed14 Aug 2026AY 2007-08
- Rbs Business Services P.Ltd, Mumbai vs DCIT Cir 3(3), MumbaiITA 4306/MUM/2012[2007-08]Status: Disposed14 Aug 2026AY 2007-08
Recent GST High Court judgments
Search GST case law →- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026
- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026
- Sureshchandra Moolchand Shah vs. State Of GujaratGujarat · 27 Oct 2026