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Income Tax Appellate Tribunal, BANGALORE BENCH B, BANGALORE
IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH 'B', BANGALORE SHRI. ABRAHAM P. GEORGE, ACCOUNTANT MEMBER (Assessment Year : 2008-09) Deputy Commissioner of Income-tax, Circle -1(1)(2), Bengaluru .. Appellant v. M/s. Broadcom India Research P. Ltd, Campu 1A, 5th floor, RMZ Ecospace, Bellandur village, Varthur Hobli, Bengaluru 560 037 .. Respondent PAN : AACCB6307L Assessee by : Shri. Srinivas Maddury, CA & Shri. Ankur Pai, CA Revenue by : Shri. Sunil Kumar Agarwal, JCIT Heard on : 09.06.2016 Pronounced on : 24.06.2016 O R D E R
PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER :
In this appeal filed by Revenue, its grievance is that CIT (A) directed the AO to exclude from total turnover items like travelling expenses and consultancy charges deducted from the export turnover for working out the deduction u/s.10A of the Income-tax Act, 1961 (‘the Act’ in short).
I find that the CIT (A) had followed the judgment of Hon’ble jurisdictional High Court in the case of Tata Elxsi Ltd v. CIT [349 ITR 98], ITA.1480/Bang/2015 Page - 2 in directing exclusion of items deducted from export turnover 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. I do not find any lacunae in the order of CIT (A).
In the result, appeal of the Revenue stands dismissed.
Order pronounced in the open court on 24th day of June, 2016.