THE COMMISSIONER OF INCOME TAX vs. M/S INTEL TECHNOLOGY INDIA PVT LTD

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ITA/78/2010HC KarnatakaKAHC01010046201023 November 2018Bench: RAVI MALIMATH,K.NATARAJAN4 pages
AI SummaryAllowed

What did the High Court hold?

The High Court held that the substantial question of law is covered by the Supreme Court's judgment in CIT v. HCL Technologies Ltd. Therefore, the question of law is answered in favour of the assessee.

What were the facts?

The Revenue appealed against an ITAT order that allowed the assessee to claim deduction under Section 10A without reducing foreign exchange expenditure on professional/consultancy charges and travel. The High Court admitted the appeal on a substantial question of law.

What were the issues?

Whether foreign exchange expenditure on professional, consultancy, and travel needs to be reduced while computing deduction under Section 10A of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 10A,Section 263,Section 260-A

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Income Tax Appellate Tribunal, BANGALORE, IN

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ON THE 23RD DAY OF NOVEMBER, 2018

BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH

AND

THE HON'BLE MR. JUSTICE K. NATARAJAN

INCOME TAX APPEAL NO.78 OF 2010

BETWEEN:

1.

THE COMMISSIONER OF INCOME TAX

CENTRAL CIRCLE,

C.R. BUILDING,

QUEENS ROAD,

BANGALORE.

2.

THE INCOME TAX OFFICER

WARD-11(2),

C.R. BUILDING,

QUEENS ROAD,

BANGALORE. ... APPELLANTS

(BY SRI K.V. ARAVIND, ADVOCATE)

AND:

M/S. INTEL TECHNOLOGY INDIA PVT. LTD.

(SUCCESSOR IN INTEREST TO M/S. SOFTWARE

& SILICON SYSTEMS INDIA PVT. LTD.)

SRR2, SURVEY # 23-56P,

DEVARABEESANAHALLI,

OUTER RING ROAD,

VARTHUR HOBLI,

BANGALORE SOUTH TALUK,

BANGALORE.

... RESPONDENT

(BY SRI SANDEEP HUILGOL, ADVOCATE, FOR SRI T. SURYANARAYANA)

* * *

THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED THEREIN AND ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE, IN ITA NO.428/BANG/2009 DATED 25-9-2009 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE INCOME TAX OFFICER, WARD 11(2), BANGALORE.

THIS INCOME TAX APPEAL COMING ON FOR HEARING THIS DAY, RAVI MALIMATH, J., DELIVERED THE FOLLOWING:

J U D G M E N T

This appeal was admitted on 2-8-2010 to consider the following substantial question of law:

Whether the Tribunal was correct in holding that expenditure in Foreign Exchange in respect of professional and consultancy charges and traveling and conveyance need not be reduced while computing deduction u/s.10A of the Act, as held by the Commissioner u/s.263 of the Act?

2.

Learned counsel on both side submit that the substantial question law is since covered by the judgment of the Hon’ble Supreme Court in the case of COMMISSIONER OF INCOME-TAX, CENTRAL-III v. HCL TECHNOLOGIES LTD. reported in (2018) 93 taxmann.com 33 (SC), wherein the substantial question of law was held in favour of the assessee and against the Revenue.

In view of the submission made, the substantial question of law is answered in favour of the assesee and against the Revenue. The appeal is, accordingly, disposed off.

SD/-

SD/- JUDGE

JUDGE

kvk

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