TATA ELXSI LIMITED ,BANGALORE vs. DEPUTY COMMISIONER INCOMER TAX, CIRCLE-7(1)(1), BANGALORE

ITA 1152/BANG/2023Status: DisposedITAT Bangalore28 February 2024AY 2018-19Bench: SHRI NARENDER KUMAR CHOUDHRY (Judicial Member), SHRI LAXMI PRASAD SAHU (Accountant Member)39 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that a coordinate bench in the assessee's own case had decided a similar issue regarding the allocation of common expenses. Following that precedent, the Tribunal remitted the issue back to the AO for a fresh assessment.

What were the facts?

The assessee claimed exemption under Section 10AA for its SEZ unit. The Assessing Officer (AO) allocated common corporate expenses to the SEZ unit, reducing the claimed deduction. The CIT(A) upheld the allocation of common expenses.

What were the issues?

Whether common corporate expenses should be allocated to SEZ units for the purpose of computing deduction under Section 10AA, and if so, on what basis.

Which sections of the Income-tax Act were involved?

Section 10AA

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Income Tax Appellate Tribunal, ‘B’ BENCH : BANGALORE

Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI LAXMI PRASAD SAHU

For Appellant: Shri Padam Chand Khincha, CA
For Respondent: Shri Subramanian .S, JCIT DR

PER BENCH: This is an appeal filed by the assessee against the order passed by the NFAC, Delhi order dated 06.12.2023, DIN & Order No. ITBA/NFAC/S/250/2023-24/1058518038(1) for A.Y. on the following grounds of appeal:

“1. General Ground

1.

1 The order passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (hereinafter referred to as CIT(A), NFAC) under section 250 of the Act to the extent prejudicial to the appellant is bad in law and liable to be quashed.

2.

Grounds relating to allocation of common corporate expenses – Section 10AA

2.

1 The learned AO and the CIT(A), NFAC have erred in allocating common exp

The order continues below.

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