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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
The Commissioner of Income-tax
C R Building
Queens Road
Bangalore.
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?
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?”
Heard the learned counsel appearing for the appellant.
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.
Submission of learned counsel for the appellant is placed on record.
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/-