Loading judgment…
No AI summary yet for this case.
Detected automatically from the text. The count shows how many other judgments on BharatTax rely on the same authority.
Income Tax Appellate Tribunal, BENGALURU BENCH B, BENGALURU
PER S. JAYARAMAN, ACCOUNTANT MEMBER :
This is an appeal filed by the Revenue against the order of the ACIT, dt.28.01.2016, passed u/s.143(3) r.w.s.144C(13) of the Act, in pursuance to the directions of the DRP, dt.01.12.2015, , for the assessment year 2010-11.
In this appeal, the grievance of the Revenue is that the DRP directed the AO to exclude both from export turnover as well as the total turnover IT(TP)A.422/Bang/2016 Page - 2 expenses like telecommunication charges and travelling expenses of Rs.5,33,47,824/- and Rs.4,93,45,041/-, respectively, incurred in foreign currency, when the AO deducted them from the export turnover alone for working out the deduction u/s.10A of the Act.
We find that the DRP had followed the judgment of Hon’ble jurisdictional High Court in the case of Tata Elxsi Ltd v. CIT [349 ITR 98], in directing exclusion of items deducted from export turnover and from total turnover also for working out the deduction u/s.10A of the Act. Just for a reason that appeal has been filed by the Revenue against the judgment of jurisdictional High Court, would not be a reason not to follow the jurisdictional High Court’s judgment. We do not find any lacunae in the order of DRP.
In the result, appeal of the Revenue stands dismissed.
Order pronounced in the open court on 7th day of April, 2017.