DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE vs. M/S INFOSYS BPO LTD, BANGALORE

ITA 1320/BANG/2014Status: DisposedITAT Bangalore30 July 2015AY 2005-0611 pages
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What did the Tribunal hold?

The Tribunal held that the jurisdictional High Court's decision on excluding expenses from both export and total turnover is binding, and that the CIT(Appeals)'s finding on set-off of STPI unit losses was factually incorrect and not an issue raised by the assessee.

What were the facts?

The Revenue appealed against the CIT(Appeals)'s decision to exclude telecommunication charges from export turnover and total turnover for Section 10A deduction. The assessee also appealed against the CIT(Appeals)'s finding that losses of an STPI unit cannot be set off against other income.

What were the issues?

Whether telecommunication charges should be excluded from both export and total turnover for Section 10A deduction. Whether losses of an STPI unit can be set off against other income.

Which sections of the Income-tax Act were involved?

Section 10A

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Income Tax Appellate Tribunal, “C” BENCH : BANGALORE

Before: SHRI N.V. VASUDEVAN & SHRI ABRAHAM P. GEORGE

For Appellant: Shri Padamchand Khincha, CA
For Respondent: Dr. Shankar Prasad, K., Jt. CIT(DR)
Hearing: 07.07.2015Pronounced: 30.07.2015

Per N.V. Vasudevan, Judicial Member

These are cross appeals by the assessee and the Revenue directed against the order dated 23.6.2014 of the CIT(Appeals)-I, Bangalore relating to assessment year 2005-06. ITA 1320/B/2014 (Revenue’s appeal)

2.

First we shall take up the appeal of the Revenue for consideration. Ground No.1 is general in nature.

3.

Ground Nos. 2 & 3 is with regard to action of the revenue authorities in excluding the telecommun

The order continues below.

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