PR. COMMISSIONER OF vs M/S SAMSUNG R & D

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

JT/-

PR. COMMISSIONER OF vs. M/S SAMSUNG R & D