THE COMMISSIONER OF INCOME TAX vs. M/S BUSINESS PROCESS OUTSOURCING INDIA PVT LTD
What did the High Court hold?
The High Court held that the issue was already decided in favour of the assessee in a previous case (CIT vs. Tata Elxsi Ltd.). Therefore, no substantial question of law arose for admission in this appeal.
What were the facts?
The Revenue appealed against a decision that allowed the assessee to exclude foreign currency expenditure from total turnover. This exclusion was based on the principle that such expenditure should also be excluded from export turnover under Section 10A.
What were the issues?
Whether expenditure in foreign currency excluded from export turnover must also be excluded from total turnover under Section 10A, despite no explicit provision.
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
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2015 PRESENT THE HON' BLE MR. JUSTICE N.KUMAR AND THE HON' BLE MR. JUSTICE B. VEERAPPA INCOME TAX APPEAL No. 543/2013 BETWEEN:
THE COMMISSIONER OF INCOME-TAX
C.R. BUILDING,
QUEENS ROAD,
BANGALORE
THE INCOME-TAX OFFICER,
WARD-11(1),
RASHTROTHANA BHAVAN,
NRUPATHUNGA ROAD,
BANGALORE.
.. APPELLANTS (BY SRI K V ARAVIND, ADVOCATE)
AND:
M/S. BUSINESS PROCESS OUTSOURCING INDIA PVT. LTD., SALARPURIA HALLMARK, GROUND FLOOR, A BLOCK, 15/3,16, KADUBEESANAHALLI,
2 OUTER RING ROAD, BANGALORE-560 087.
... RESPONDENT
(BY SRI K.R. VASUDEVAN, ADVOCATE) …
THIS ITA IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961 ARISING OUT OF ORDER DATED 07.06.2013 PASSED IN ITA NO. 602/BANG/2011, FOR THE ASSESSMENT YEAR 2004- 05 PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND TO ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE I.T.A.T. BANGALORE IN IT(T.P.)A NO.602/BANG/2011, DATED 07.06.2013 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD-11(1), BANGALORE.
THIS INCOME TAX APPEAL COMING ON FOR ADMISSION THIS DAY, N. KUMAR, J., DELIVERED THE FOLLOWING:
JUDGMENT
The revenue has preferred this appeal against granting relief to the assessee. The substantial question of law raised in this appeal is as under:
“Whether on the facts and in the circumstances and in law the Tribunal is
3 correct in holding that the expenditure incurred in foreign currency excluded from export turnover has to be excluded from total turnover when there is no provision in section 10A to exclude from total turnover?”
This Court had an occasion to consider the substantial question of law, in the case of COMMISSIONER OF INCOME-TAX AND ANOTHER v. TATA ELXSI LTD reported in (2012) 349 ITR 98 (Karn), wherein, after referring to the various provisions of law and the judgments of various Courts, the said substantial question of law has been answered in favour of the assessee and against the revenue. Accordingly, as the said substantial question of law is already answered by this Court, no case for admission is made out.
4 3. However, it is submitted that the revenue has preferred an appeal to the Apex Court against the judgment of this Court, which is pending consideration.
In the event of the revenue succeeding in the appeal before the Apex Court then the assessing authority shall pass consequential order in terms of Section 260(1A) of the Income Tax Act 1961.
With the aforesaid observation, appeal is dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
Sbs*
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