PRINCIPAL COMMISSIONER vs. M/S QUALITY ENGG &

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ITA/148/2016HC KarnatakaKAHC01022436201616 June 2016Bench: JAYANT PATEL,B.SREENIVASE GOWDA4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the matter was covered by its previous decision in CIT vs. Tata Elxsi Ltd. Consequently, no substantial question of law arose for consideration.

What were the facts?

The Revenue appealed against an ITAT order concerning the computation of deduction under Section 10A. The core issue was whether expenditure in foreign currency should be reduced from both export turnover and total turnover.

What were the issues?

Whether expenditure in foreign currency should be excluded from both export turnover and total turnover for Section 10A deduction, or only export turnover as per the definition.

Which sections of the Income-tax Act were involved?

Section 10A

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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.148/2016 BETWEEN:

1.

PRINCIPAL COMMISSIONER OF INCOME TAX, REVENUE BUILDINGS, QUEENS ROAD, BANGALORE 560 001.

2.

THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-12(2), NRUPATHUNGA ROAD, BANGALORE.

...APPELLANTS (BY SRI.E.I.SANMATHI, ADVOCATE)

AND:

M/S. QUALITY ENGG & SOFTWARE TECH PVT LTD., NO.55, QUEST TOWERS,

2 WHITEFIELD MAIN ROAD, BANGALORE-560 048.

...RESPONDENT

THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:04/09/2015 PASSED IN IT(TP)A NO.641/BANG/2013, FOR THE ASSESSMENT YEAR 2005-06 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 COMMON APPELLATE ORDER DATED:04/09/2015 PASSED BY THE ITAT, 'B' BENCH, BENGALURU, IN APPEAL PROCEEDINGS NO. IT(TP)A NO.641/BANG/2013 FOR ASSESSMENT YEAR 2005- 06 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 ORDERS 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:

"Whether, on the facts and in the circumstances

3 of the case, the Tribunal is justified in law by directing the Assessing Officer to reduce the expenditure incurred in foreign currency, both from the Export turnover as well as the Total turnover for the purpose of computation of deduction under section 10A of the Act without appreciating the fact that the statute allows exclusion of such expenditure only from the Export Turnover by way of specific definition of Export Turnover as envisaged by sub-clause (4) of Explanation 2 below sub-section 8 of section 10A. On the other hand, there is no specific provision in section 10A warranting exclusion of above expenses from Total Turnover also"?

2.

The learned Counsel for the appellants-Revenue 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 3. When the matter is already covered by the above referred decision of this Court, we do not find that any substantial question of law would arise for consideration.

4.

Hence, the appeal is dismissed.

Sd/- JUDGE

Sd/- JUDGE

JT/-

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