M/S NTT DATA GLOBAL DELIVERY SERVICES PVT. LTD. vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

PDF · subscribers
ITA/347/2012HC KarnatakaKAHC01042764201212 November 2020Bench: ALOK ARADHE,H.T. NARENDRA PRASAD3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the substantial questions of law involved in the appeal had become academic. Therefore, the appeal was disposed of without delving into the merits of the specific issues raised.

What were the facts?

The assessee, M/s. NTT DATA GLOBAL DELIVERY SERVICES PVT. LTD., filed an appeal before the High Court of Karnataka against an ITAT order for Assessment Year 2007-08. The appeal raised substantial questions of law concerning the assessment of manpower supply income and the non-adjudication of grounds related to Section 10A deductions.

What were the issues?

Whether the ITAT was correct in assessing manpower supply income as 'income from other sources' without it being raised by parties, and whether the ITAT failed to adjudicate grounds related to Section 10A deductions.

Which sections of the Income-tax Act were involved?

Section 10A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.347 OF 2012 BETWEEN: M/S. NTT DATA GLOBAL DELIVERY SERVICES PVT. LTD., GLOBAL VILLAGE, TECH PARK TOWER E, 9TH FLOOR RVCE POST, BENGALURU-560058 (AMENDED CAUSE TITLE VIDE ORDER DTD:12.11.2020) ... APPELLANT (BY SRI. CHYTHANYA K.K. ADV.,) AND: THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-11(5), BENGALURU R.P. BUILDING, NRUPATHUNGA ROAD BENGALURU-560001. ... RESPONDENT (BY SRI. K.V. ARAVIND, ADV.) - - - THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT, 1961 ARISING OUT OF ORDER DATED 25.05.2012 PASSED IN ITA NO.1182/BANG/2011 FOR THE ASSESSMENT YEAR 2007-08, PRAYING TO: (I) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN. (II) ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED ORDER (TO THE EXTENT PREJUDICIAL TO THE APPELLANT) OF

2 THE ITAT, BENGALURU 'A' BENCH BEARING ITA NO.1182/BANG/2011 DATED 25-05-2012. THIS ITA COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT This appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act for short) has been preferred by the assessee. The subject matter of the appeal pertains to the Assessment year 2007-08. The appeal was admitted by a bench of this Court vide order dated 25.02.2013 on the following substantial question of law: (i) Whether on the facts and in the circumstances of the case, the Honourable ITAT was right in law in directing the Learned Respondent to assess the net income from 'manpower supply' as 'income from other sources' when said issue was not raised before the Honourable ITAT either by the Appellant or Respondent. (ii) Whether on the facts and in the circumstances of the case the Honourable

3 ITAT was right in law in not adjudicating the ground relating to eligibility of income from human resources services for deduction under section 10A of the Act. (iii) Whether on the facts and in the circumstances of the case, the Honourable ITAT was right in law in not adjudicating the ground relating to exclusion of telecommunication expenses from the export turnover while computing deduction under section 10A of the Income Tax Act 1961. 2. For the reasons assigned by us in the judgment passed today in I.T.A.No.377/2013, the substantial questions of law involved in this appeal have been rendered academic. Accordingly, the appeal is disposed of. Sd/- JUDGE Sd/- JUDGE ss

More judgments on Section 10A

All 2,147 judgments and leading authorities on Section 10A →

Recent GST High Court judgments

Search GST case law →