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Income Tax Appellate Tribunal, “B” BENCH : BANGALORE
Before: SHRI SUNIL KUMAR YADAV & SHRI S. JAYARAMAN
Date of hearing : 02.02.2017 Date of Pronouncement : 22.02.2017 O R D E R Per Sunil Kumar Yadav, Judicial Member
This appeal is by the revenue against the order of CIT(A) inter alia on the following grounds:-
“1. The order of Ld. CIT(A) is opposed to law and facts of the case. 2. The Ld. CIT(A) erred in allowing the relief in respect of deduction U/s. 10A relying on the Hon’ble Karnataka High Court in the case of M/s. Tata Elxsi Ltd. The department has not accepted the said order and has further filed appeal SLP before Hon’ble Supreme Court of India.
3. For these and such other grounds that may be urged at the time of hearing.”
During the course of hearing our attention was invited to the fact that the CIT(A) has adjudicated the issue in the light of the judgment of Hon’ble jurisdictional High Court in the case of CIT vs Tata Elxsi Ltd. (349 ITR 98) (Karn). The SLP filed by the department against the judgment of Hon’ble jurisdictional High Court has been dismissed by the Hon’ble Supreme Court. Therefore, the finding of CIT(A) is in consistence with the judgment of Hon’ble jurisdictional High Court in the case of CIT vs. Tata Elxsi Ltd. (supra). Thus, we do not find any infirmity in the order of CIT(A). We accordingly reject the ground raised by the revenue.
In result, the appeal by the revenue is dismissed.
Pronounced in the open court on this 22nd day of February, 2017.