DCIT CORPORATE CIRCLE 3(2), CHENNAI vs. VERIZON DATA SERVICES PVT. LTD., CHENNAI

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ITA 3082/CHNY/2017Status: DisposedITAT Chennai07 June 2018AY 2009-103 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 confirmed the order of the CIT(Appeals), which directed the exclusion of telecom charges from both export turnover and total turnover. This decision was based on a prior ruling by the same Tribunal.

What were the facts?

The Revenue appealed against the CIT(Appeals)'s order regarding the computation of eligible profit under Section 10A. The dispute centered on whether telecom charges incurred in foreign currency should be included in export turnover.

What were the issues?

The primary issue was the correct treatment of foreign currency telecom charges in the calculation of export turnover for Section 10A benefits.

Which sections of the Income-tax Act were involved?

Section 10A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P. GEORGE

Hearing: 07.06.2018Pronounced: 07.06.2018

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) -11, Chennai, dated 31.08.2017 and pertains to assessment year 2009-10.

2.

We heard Shri AR.V. Sreenivasan, the Ld. Departmental Representative and Shri Sriram Seshadri, the Ld. representative for the assessee. The only issue arises for consideration is computation of eligible profit under Section 10A of the Income-tax Act, 1961 (in short 'the Act'). The Assessing Officer included the telecom charges incurred in foreign currency in export turnover and excluded from total turnover. The CIT(Appeals), however, directed the Assessing Officer to exclude the telecom charges both from the export turnover and total turnover. In fact, the CIT(Appeals) placed his reliance on the decision of this Bench of the Tribunal in Ford Business Services Centre in dated 19.02.2016. In view of the above, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.

3.

In the result, the appeal filed by the Revenue stands dismissed.

Order pronounced on 11th June, 2018 at Chennai.

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