PR. COMMISSIONER OF vs. M/S SAMSUNG R & D
What did the High Court hold?
The High Court held that the matter was covered by its own previous decision in CIT vs. Tata Elxsi Ltd. Therefore, no substantial question of law arose for consideration.
What were the facts?
The Revenue appealed against an ITAT order that directed the exclusion of foreign currency expenses from export turnover for Section 10B deduction. The ITAT had relied on a previous High Court decision in the case of CIT vs. Tata Elxsi.
What were the issues?
Whether foreign currency expenses should be excluded from export turnover for calculating deduction under Section 10B, especially when a relevant High Court decision exists.
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 16TH DAY OF JUNE 2016
PRESENT
THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE B.SREENIVASE GOWDA ITA NO.154/2016
BETWEEN
PR. COMMISSIONER OF INCOME TAX, C. R. BUILDINGS, QUEENS ROAD, BANGALORE - 560001
ADDITIONAL COMMISSIONER OF INCOME RANGE 12, BANGALORE ... APPELLANTS (BY SRI. E.I.SANMATHI, ADVOCATE)
AND
M/S. SAMSUNG R & D INSTITUTE INDIA BANGALORE PVT LTD, (FORMERLY KNOWN AS SAMSUNG INDIA SOFTWARE OPERATION PVT LTD) NO.2870, PHOENIX BUILDING, BANGALORE
2 CONSTELLATION BUSINESS PARK OUTER RING ROAD, DODDANEKUNDI CIRCLE, MARATHAHALI POST, BANGALORE - 560037 ...RESPONDENT
THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:26/08/2015
PASSED IN ITA NO.672/BANG/2014, FOR THE ASSESSMENT YEAR 2008-2009 PRAYING TO DECIDE THE FOREGOING QUESTION OF LAW AND / OR SUCH OTHER QUESTIONS OF LAW AS MAY BE FORMULATED BY THE HON'BLE COURT AS DEEMED FIT AND SET ASIDE THE APPELLATE ORDER DATED: 26/08/2015 PASSED BY THE ITAT, 'C' BENCH, BENGALURU, IN APPEAL PROCEEDINGS NO. ITA NO. 672/BANG/2014 FOR ASSESSMENT YEAR 2008-09, AS SOUGHT FOR IN THIS APPEAL AND TO GRANT SUCH OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JAYANT PATEL J., DELIVERED THE FOLLOWING:
JUDGMENT
The appellants-Revenue has preferred the present appeal by raising the following substantial question of law:
3 “Whether on the facts and in the circumstances of the case, the Tribunal is right in law in directing the assessing authority to exclude the expenses incurred in foreign currency from export turnover for the purpose of computation of deduction under section 10B of the Act when same is not contemplated under the provisions of the Act and decision of this Hon’ble Court in case of CIT V/s Tata Elxsi when the said order has been challenged before Apex Court by Revenue?”
We have heard Mr.E.I.Sanmathi, learned Counsel appearing for the appellants-Revenue.
The learned Counsel for the appellants has fairly conceded that the matter is covered by the decision of this Court in the case of Commissioner of Income Tax And Another Vs. Tata Elxsi Ltd. reported at (2012) 349 ITR 98 (Karn.).
4 4. Further, the perusal of the order passed by the Tribunal shows that it has relied upon the above referred decision of this Court in the case of Tata Elxsi Ltd. (supra).
Under these circumstances, when the question is already covered by the decision of this Court in the above referred matter of Tata Elxsi Ltd. (supra), we do not find that any substantial question of law would arise for consideration as canvassed. Hence the appeal is dismissed.
Sd/- JUDGE
Sd/- JUDGE
JT/-
More judgments on Section 10B
- Brainbees Solutions Limited, Pune… vs Assistant Commissioner of Income Tax…ITTPA 1431/PUN/2026[2022-2023]Status: Disposed29 Sept 2026AY 2022-2023
- ACIT 15(1)(2), Mumbai vs Galaxy Surfactants Limited, MumbaiITA 6984/MUM/2025[2011-2012]Status: Disposed15 Sept 2026AY 2011-2012
- Ivl Dhunseri Petrochem Industries Pvt… vs D.C.I.T., Circle - 11(1), KolkataITTPA 4/KOL/2026[2022-2023]Status: Heard11 Sept 2026AY 2022-2023
- T vs Motor Co. Ltd., Chennaivs.DCIT, Corp…ITTPA 52/CHNY/2026[2022-23]Status: Disposed9 Sept 2026AY 2022-23
- Vrajlal Chanabhai Kachhadiya, Jamnagar vs ITO, Ward-2(6), JamnagarITA 847/RJT/2025[2010-11]Status: Disposed7 Sept 2026AY 2010-11
Recent GST High Court judgments
Search GST case law →- Gagan Bihari Rout@Gagan Rout vs. State Of OdishaOrissa · 28 Oct 2026
- Biswanath Rana vs. The Commissioner, CT And GST, Odisha, CuttackOrissa · 28 Oct 2026
- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026