DCIT, BANGALORE vs. M/S TOSHIBA SOFTWARE (INDIA) PVT. LTD., BANGALORE

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ITA 817/BANG/2016Status: DisposedITAT Bangalore31 March 2017AY 2007-083 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 held that the CIT(A) correctly followed the jurisdictional High Court's decision in CIT vs. Tata Elxsi Ltd. Therefore, the revenue's appeal lacked merit.

What were the facts?

The revenue appealed an order of the CIT(A) regarding the assessment year 2007-08. The CIT(A) had directed the AO to reduce foreign currency expenditure on telecommunication and travelling from both export and total turnover for Section 10A benefit calculation.

What were the issues?

Whether foreign currency expenditure on telecommunication and travelling should be reduced from export turnover and total turnover for calculating the benefit under Section 10A of the Income-tax Act.

Which sections of the Income-tax Act were involved?

Section 10A

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, ‘B’ BENCH, BENGALURU

Before: SHRI VIJAY PAL RAO & SHRI INTURI RAMA RAO

For Appellant: Shri G.Kamaladhar, Standing Counsel
For Respondent: Shri Vineet Jawar, CA
Hearing: 30/03/2017Pronounced: 31/03/2017

This is an appeal filed by the revenue directed against the order of the CIT(A)-7, Bengaluru, dated 05/02/2016 for the assessment year 2007-08.

Page 2 of 3 2. The revenue raised the following grounds of appeal.

2. The issue sought to be raised in the above grounds is covered in favour of the assessee by the decision of the Hon’ble Karnataka High Court in the case of CIT vs. Tata Elxsi Ltd. (349 ITR 98). The CIT(A) has only followed the decision of the jurisdictional High Court in the case of Tata Elxsi (supra) in directing the AO to reduce expenditure incurred in foreign currency towards telecommunication and travelling both from export turnover as well as total turnover for the purpose of calculating benefit u/s 10A of the Income-tax Act, 1961 [hereinafter referred to as 'the Act' for short]. Therefore, we do

Page 3 of 3 not find any merit in the appeal filed by the revenue and is accordingly dismissed.

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