DCIT, BANGALORE vs. M/S TOSHIBA SOFTWARE (INDIA) PVT. LTD., BANGALORE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
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?
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, BENGALURU
Before: SHRI VIJAY PAL RAO & SHRI INTURI RAMA RAO
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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