PR COMMISSIONER OF vs. M/S UNISYS INDIA PVT LTD

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ITA/191/2016HC KarnatakaKAHC01024907201616 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 v. Tata Elxsi Ltd. Therefore, no substantial question of law arose for consideration.

What were the facts?

The Revenue appealed a High Court order concerning the exclusion of foreign currency expenses from export turnover for Section 10A deduction. The assessee is M/s. Unisys India Pvt Ltd.

What were the issues?

Whether foreign currency expenses should be excluded from export turnover for Section 10A deduction, considering a prior High Court judgment.

Which sections of the Income-tax Act were involved?

Section 10A

AI-generated summary — verify with the full judgment below

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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.191/2016

BETWEEN

1.

PR. COMMISSIONER OF INCOME TAX-7 C. R. BUILDINGS QUEENS ROAD BANGALORE-560 001.

2.

DEPUTY COMMISSIONER OF INCOME CIRCLE-12(5) BANGALORE. ... APPELLANTS (BY SRI. E.I.SANMATHI, ADVOCATE)

AND

M/S. UNISYS INDIA PVT LTD #4TH & 5TH FLOOR, BLOCK, “WRAP” SJR PARK,

2 WHITE FIELD AREA, NO.13 14 & 15, K.R.PURAM, BANGALORE-560 066 ... RESPONDENT

THIS ITA IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:24/09/2015 PASSED IN ITA NO.691/BANG/2013, FOR THE ASSESSMENT YEAR 2008-09 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: 24/09/2015 PASSED BY THE ITAT, 'A' BENCH, BENGALURU, IN APPEAL PROCEEDINGS NO. ITA NO.691/BANG/2013 FOR ASSESSEMENT 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 ORDERS THIS DAY, JAYANT PATEL J., DELIVERED THE FOLLOWING:

JUDGMENT

The appellant-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 not to exclude the expenses incurred in foreign currency from export turnover for the purpose of computation of deduction under section 10A of the Act in the case of the assessee against the provisions of the Act and when the judgment of this Hon’ble High Court in the case of CIT V/s. Tata Elxsi has not reached finality?”

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.).

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 4. Hence, the appeal is dismissed.

Sd/- JUDGE

Sd/- JUDGE

JT/-

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