DCIT, BANGALORE vs. M/S OCWEN FINANCIAL SOLUTIONS PVT. LTD., BANGALORE
What did the Tribunal hold?
The Tribunal held that as per the jurisdictional High Court's decision, expenses excluded from export turnover must also be excluded from total turnover. Therefore, the CIT(Appeals)'s order was confirmed.
What were the facts?
The Revenue appealed against the CIT(Appeals)'s order directing the exclusion of foreign travel expenses and lease line charges from export turnover for Section 10A deduction. The AO argued these should be excluded from export turnover but not total turnover.
What were the issues?
Whether expenses excluded from export turnover for Section 10A calculation should also be excluded from total turnover.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- CIT v. Tata Elxsi Ltd.818 citing349 ITR 98 · 2012 · HC
Income Tax Appellate Tribunal, “C” BENCH : BANGALORE
Before: SHRI N.V. VASUDEVAN & SHRI ABRAHAM P. GEORGE
Per N.V. Vasudevan, Judicial Member
This appeal by the Revenue is against the order dated 06.07.2012 of the CIT(Appeals)-III, Bangalore relating to assessment year 2008-09. 2. The only issue that arises for consideration in this appeal is as to whether the CIT(Appeals) was justified in directing the AO to exclude travel expenses of Rs.4,77,02,200 incurred in foreign currency and lease line charges of Rs.3,03,43,321 from the export turnover, without reducing the same from the total turnover also, while computing deduction u/s.
The order continues below.
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