THE COMMISSIONER OF INCOME-TAX vs. M/S. FAIR ISAAC INDIA

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ITA/319/2015HC KarnatakaKAHC01032253201522 January 2016Bench: S.SUJATHA,N.K.PATIL4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal as not maintainable. This was based on a circular stating that appeals involving amounts less than Rs. 20 lakhs are not maintainable.

What were the facts?

The Revenue appealed against an ITAT order that confirmed an earlier order regarding Section 10A deduction. The ITAT's decision was based on a High Court judgment in a similar case.

What were the issues?

Whether the appeal is maintainable before the High Court based on the monetary limit specified in a circular. The underlying issue was the computation of deduction under Section 10A.

Which sections of the Income-tax Act were involved?

Section 10A,Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22ND DAY OF JANUARY, 2016

PRESENT

THE HON'BLE MR. JUSTICE N.K. PATIL

AND

THE HON’BLE MRS. JUSTICE S.SUJATHA

ITA No.319/2015 BETWEEN

1.

The Commissioner of Income-tax

C R Building

Queens Road

Bangalore.

2.

The Deputy Commissioner of Income-tax

Circle-11(3)

Rashtrothana Bhavan

Nrupathunga Road

Bangalore-560 001. ….Appellants (By Sri. K.V.Aravind, Advocate)

AND

M/s. Fair Isaac India Software Pvt.Ltd., Titanium Building (Ground Floor) No.135, Airport Road, Kodihalli Bangalore-560 017. PAN:AAACF 7670G. ….Respondent

This Appeal is filed under Section 260-A of Income-tax Act 1961, to set aside the order passed by the ITAT,

Bengaluru in ITA No.334/Bang/2012 dated 31.03.2015 confirming the order of the Appellate Commissioner and confirm the order passed by the Deputy Commissioner of Income-tax Circle-11(3), Bengaluru.

This appeal coming on for Orders this day,N.K. Patil, J., delivered the following:

JUDGMENT

This appeal is by the revenue questioning the correctness of the order dated 31.03.2015 passed in ITA No.334/Bang/2012 on the file of the Income Tax Appellate Tribunal, Bangalore confirming the order passed by the Appellate Commissioner and confirm the order passed by the Deputy Commissioner of Income Tax, Circle – 11[3], Bangalore, to consider the following substantial question of law. “1. Whether the Tribunal is correct in law in holding that the deduction under Section 10A should be computed following the Judgment of this Hon’ble Court in the case of CIT v/s. Tata Elxsi Ltd., which has not become final since the same has not been accepted by the Department and SLPs filed by the

Revenue on this issue are pending before the Hon’ble Supreme Court?

2.

Whether, the Tribunal is justified in directing the assessing officer to exclude the expenditure in foreign currency and communication charges of both from the export turnover and the total turnover when there is no provision in section 10A which requires the concerned expenses, which are required to be reduced from the export turnover as per clause [iv] of the Explanation to section 10A to be reduced from the total turnover also?”

2.

Heard the learned counsel appearing for the appellant.

3.

Learned counsel for the appellant submitted that in view of the Circular bearing No.21/2015 dated 10.12.2015, since the subject matter is less than Rs.20 lakhs, the appeal is not maintainable before this Court.

Therefore, the instant appeal may be dismissed as not maintainable.

4.

Submission of learned counsel for the appellant is placed on record.

5.

This appeal is dismissed as not maintainable, in view of the circular bearing No.21/2015 dated 10.12.2015. Ordered accordingly.

Sd/- JUDGE

Sd/- JUDGE

AN/-

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