DCIT, BANGALORE vs. M/S BROADCOM INDIA RESEARCH PVT. LTD., BANGALORE

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ITA 1480/BANG/2015Status: DisposedITAT Bangalore24 June 2016AY 2008-092 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)'s order was not flawed, as it correctly followed the jurisdictional High Court's precedent. The mere filing of an appeal by the Revenue against the High Court's judgment does not negate its applicability.

What were the facts?

The Revenue appealed against the CIT(A)'s direction to exclude travelling expenses and consultancy charges from total turnover when calculating deduction under Section 10A. The CIT(A) had followed a jurisdictional High Court judgment.

What were the issues?

Whether expenses like travelling and consultancy, deducted from export turnover, should also be excluded from total turnover for calculating Section 10A deduction.

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, BANGALORE BENCH B, BANGALORE

For Appellant: Shri. Srinivas Maddury, CA & Shri. Ankur Pai, CA

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 :

1.

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).

2.

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).

3.

In the result, appeal of the Revenue stands dismissed.

Order pronounced in the open court on 24th day of June, 2016.

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