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