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- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY 2015 PRESENT THE HON’BLE MR.JUSTICE N.K. PATIL AND
THE HON’BLE MRS.JUSTICE S.SUJATHA
I.T.A.NO.252/2013
BETWEEN:
1.THE COMMISSIONER OF INCOME-TAX LTU JSS TOWERS BSK III STAGE BANGALORE
2.THE ASST. COMMISSIONER OF INCOME TAX LTU, JSS TOWERS BSK III STAGE BANGALORE ... APPELLANTS
(BY SRI. K V ARAVIND, ADVOCATE)
AND:
M/S MIND TREE LTD (FORMERLY MIND TREE CONSULTING PRIVATE LTD) GLOBAL VILLAGE, RVCE POST MYLASANDRA, MYSORE ROAD BANGALORE ... RESPONDENT (BY SRI. CHYTHANYA K K, ADVOCATE )
- 2 -
THIS ITA IS FILED UNDER SEC.260-A OF I.T. ACT, 1961, ARISING OUT OF ORDER DATED 11/01/2013 PASSED IN ITA NO.546/BANG/2012, FOR THE ASSESSMENT YEAR 2008-09, PRAYING TO: FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE ITAT, BANGALORE IN ITA NO.546/BANG/2012 DATED 11/01/2013 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE ASSISTANT COMMISSIONER OF INCOME TAX, LTU, BANGALORE.
THIS APPEAL COMING ON FOR HEARING THIS DAY, N.K.PATIL, J DELIVERED THE FOLLOWING:-
JUDGMENT
This appeal is by the revenue questioning the correctness of the order dated 11.01.2013 passed in ITA No.546/Bang/2012 confirming the order of the Appellate Commissioner and the order passed by the Asst. Commissioner of Income Tax, LTU, Bangalore, for considering following substantial question of law:-
“Whether the Tribunal was correct in holding that the communication charges and expenditure incurred in foreign currency excluded from export turnover in terms of
- 3 - explanation 2(iii) to Section 10B of the Act has to be reduced from total turnover, contrary to the provisions of section 10B of the Act?.”
We have heard the learned counsel appearing for the appellants and learned counsel appearing for the respondent.
Learned counsel appearing for both the parties submitted that the subject matter is directly covered by the judgment of this Court dated 4th August 2015 passed in ITA No. 101/2015 (Commissioner of Income Tax V/S M/s Honeywell Technology Solution Lab Pvt. Ltd.) and the judgment in the case of Commissioner of Income Tax Vs Tata Elxi Limited (2012) 349 ITR 98 and therefore following the said judgments and for the reasons stated therein, the instant appeal may also be dismissed.
The submissions of the learned counsel appearing for both the parties is placed on record.
In the light of the submissions made by learned counsel appearing for both the parties, the instant
- 4 - appeal is disposed of following the judgment of this Court dated 4th August 2015 passed in ITA No. 101/2015 (Commissioner of Income Tax V/S M/s Honeywell Technology Solution Lab Pvt. Ltd.) and the judgment in the case of Commissioner of Income Tax Vs Tata Elxi Limited (2012) 349 ITR 98 and for the reasons stated therein.
Further it is needless to clarify that, in the event, the revenue succeeds in the case of Commissioner of Income Tax Vs Tata Elxi Limited
(2012) 349 ITR 98, the respondent/assessee is at liberty to take appropriate steps in the matter in accordance with law, if so advised or need arises. Ordered accordingly.
SD/-
JUDGE
SD/-
JUDGE ra