CIT v. HCL Technologies Ltd.

404 ITR 719Supreme Court of India2018#556 most cited

What is CIT v. HCL Technologies Ltd. authority for?

When calculating deductions under sections like 10A or 10AA, any expenses or items reduced from 'export turnover' in the numerator must also be reduced from 'total turnover' in the denominator to ensure consistent application of the deduction formula.

174

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2012 to 2026.

Also referred to as

CIT v. HCL Technologies Ltd. · HCL Technologies · 404 ITR 719 · Section 10A · Section 10AA · export turnover · total turnover · deduction computation · consistent exclusion · communication expenses · travel expenses

Also reported as

302 CTR 191

Sections most often in play

Section 10ASection 10AASection 143(3)Section 234BSection 234CSection 115-OSection 14ASection 194R
Read the full judgment

Issues it is cited on

section 10aworking capital adjustmentcomputer softwaretransfer pricing ordertested partycomparable companiesrelated party transactionsection 10aadividend distribution taxmost appropriate methodtnmmsection 40(a)(i)

Judgments citing CIT v. HCL Technologies Ltd.

M/S Subex Ltd vs. The Deputy Commissioner of Income Tax

In the result, appeal is partly allowed as indicated

ITA/395/2016HC Karnataka01 Oct 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 10ASection 260Section 35D

…of law is answered in favour of the assessee and against the Revenue. Re. Substantial questions of law Nos.5 to 7: 7. These substantial questions of law are covered by Commissioner of Income-Tax V/s. HCL - 8 - Technologies Ltd., [(2018) 404 ITR 719 (SC)] wherein the Hon’ble Apex Court has held thus: “17. The similar nature of controversy, akin this case, arose before the Karnataka High Court in CIT v. Tata Elxsi Ltd. [2012] 204 Taxman 321/17/taxman.com 100/349 ITR 98. The issue before the Karnataka High Court was whether the Tribunal was correct in holding that while computing reli…

M/S Course5 Intelligence Pvt. Ltd vs. The Income Tax Officer

Appeals stand disposed of, as indicated above

ITA/389/2014HC Karnataka01 Sept 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 10ASection 195Section 2Section 260Section 260ASection 36Section 40

…IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2021 PRESENT THE HON’BLE MRS. JUSTICE S. SUJATHA AND THE HON’BLE MR. JUSTICE RAVI V. HOSMANI I.T.A.No.389/2014 C/W I.T.A. No.392/2014 IN I.T.A.No.389/2014: BETWEEN: M/s. COURSE5 INTELLIGENCE PVT. LTD., (FORMERLY KNOWN AS CROSS-TAB MARKETING SERVICES PRIVATE LIMITED), BUILDING 2A, EMBASSY TECH VILLAGE, GROUND FLOOR, DEVARABEESANAHALLI, OUTER RING ROAD, BANGALORE-560 103. REP. BY ITS FINANCE CONTROLLER MR.CHANDRAKANTH RAO, AGED 36 YEARS S/O LATE SRI. S.M.RAO. … APPELLANT (CAUS…

M/S Dell International Services India Private Limited, Bangalore vs. JCIT, Bangalore

In the result, the appeal filed by the assessee is treated as partly allowed and the appeal of the revenue is dismissed

ITA 638/BANG/2016[2011-12]Status: DisposedITAT Bangalore01 Sept 2021AY 2011-12

Bench: Shri George George K. & Shri B.R. Baskaranit(Tp)A No.593/Bang/2016 Assessment Year: 2011-12 M/S. Dell International Services India Pvt. Ltd. (Formerly Perot Systems Tsi (India) Pvt. Ltd. 12/1, 12/2A, 13/1A, Divyashree Gardens Jcit (Ltu), Challagutta Village Vs. Bangalore Varthurhobli Bangalore -71

For Appellant: Shri Muzaffar Hussain, D.RFor Respondent: Shri T. Surya Narayana, A.R
Section 10ASection 143(3)Section 391

…ecision of Ld. DRP in directing the A.O. to exclude certain expenditure both from export turnover and total turnover while computing deduction u/s 10A of the Act. This issue is now settled by Hon’ble Supreme Court in the case of CIT Vs. HCL Technologies Ltd. (404 ITR 179) SC and this decision support the view taken by the Ld. DRP. Accordingly, we uphold the decision of DRP on this issue. 27. In the result, the appeal filed by the assessee is treated as partly allowed and the appeal of the revenue is dismissed. Order pronounced in the open court on 1st Sept, 2021 (George George K.) Accountant Member Bangalore,…

JCIT, Bangalore vs. M/S Dell International Services India Pvt. Ltd., Bangalore

In the result, the appeal filed by the assessee is treated as partly allowed and the appeal of the revenue is dismissed

ITA 593/BANG/2016[2011-12]Status: DisposedITAT Bangalore01 Sept 2021AY 2011-12

Bench: Shri George George K. & Shri B.R. Baskaranit(Tp)A No.593/Bang/2016 Assessment Year: 2011-12 M/S. Dell International Services India Pvt. Ltd. (Formerly Perot Systems Tsi (India) Pvt. Ltd. 12/1, 12/2A, 13/1A, Divyashree Gardens Jcit (Ltu), Challagutta Village Vs. Bangalore Varthurhobli Bangalore -71

For Appellant: Shri Muzaffar Hussain, D.RFor Respondent: Shri T. Surya Narayana, A.R
Section 10ASection 143(3)Section 391

…ecision of Ld. DRP in directing the A.O. to exclude certain expenditure both from export turnover and total turnover while computing deduction u/s 10A of the Act. This issue is now settled by Hon’ble Supreme Court in the case of CIT Vs. HCL Technologies Ltd. (404 ITR 179) SC and this decision support the view taken by the Ld. DRP. Accordingly, we uphold the decision of DRP on this issue. 27. In the result, the appeal filed by the assessee is treated as partly allowed and the appeal of the revenue is dismissed. Order pronounced in the open court on 1st Sept, 2021 (George George K.) Accountant Member Bangalore,…

DCIT, Bangalore vs. M/S Robert Bosch Engineering & Business Solutions Ltd., Bangalore

In the result, the appeal of the assessee as well as the appeal of the revenue are partly allowed

ITA 1575/BANG/2013[2008-09]Status: DisposedITAT Bangalore01 Sept 2021AY 2008-09

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

For Appellant: Shri Percy Pardiwala, Sr. A.RFor Respondent: Ms. Neera Malhotra, D.R
Section 10A

…IT(TP)A Nos.1565 & 1575/Bang/2013 M/s. Robert Bosch Engineering & Business Solution Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “A’’BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A No.1565/Bang/2013 Assessment Year: 2008-09 M/s. Robert Bosch Engineering & Business Solution Ltd. No.123, Industrial Layout Koramangala Deputy Commissioner of Vs. Hosur Road Income-tax (LTU) Bangalore 560 095. Bangalore PAN NO : AAACR7108R APPELLANT RESPONDENT IT(TP)A No.1575/Bang/2013 Assessment Year: 2008-09 M/s. Robert Bosch Engineering & Business Deputy…

M/S Robert Bosch Engineering & Business Solutions Ltd., Bangalore vs. DCIT

In the result, the appeal of the assessee as well as the appeal of the revenue are partly allowed

ITA 1565/BANG/2013[2008-09]Status: DisposedITAT Bangalore01 Sept 2021AY 2008-09

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

For Appellant: Shri Percy Pardiwala, Sr. A.RFor Respondent: Ms. Neera Malhotra, D.R
Section 10A

…IT(TP)A Nos.1565 & 1575/Bang/2013 M/s. Robert Bosch Engineering & Business Solution Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “A’’BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A No.1565/Bang/2013 Assessment Year: 2008-09 M/s. Robert Bosch Engineering & Business Solution Ltd. No.123, Industrial Layout Koramangala Deputy Commissioner of Vs. Hosur Road Income-tax (LTU) Bangalore 560 095. Bangalore PAN NO : AAACR7108R APPELLANT RESPONDENT IT(TP)A No.1575/Bang/2013 Assessment Year: 2008-09 M/s. Robert Bosch Engineering & Business Deputy…

Additional Commissioner of Income Tax (Ltu), Bangalore vs. M/S Dell International Services India Pvt Ltd, Bangalore

In the result, the appeal filed by the Revenue and assessee stands partly allowed

ITA 1971/BANG/2017[2008-09]Status: DisposedITAT Bangalore25 Aug 2021AY 2008-09

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am It(Tp)A No.1907/Bang/2017 : Asst.Year 2008-2009 M/S.Dell International Services The Addl.Commissioner Of India Private Limited (Formerly Income-Tax (Ltu) V. Known As Dell Computers India Bangalore. Private Limited) No.12/1, 12/2A, 13/1A Divyashree Greens, Challaghatta Village, Varthur, Hobli Bangalore – 560 071. Pan : Aabcd1741M. (Appellant) (Respondent) It(Tp)A No.1971/Bang/2017 : Asst.Year 2008-2009 The Addl.Commissioner Of M/S.Dell International Services Income-Tax (Ltu) India Private Limited (Formerly V. Bangalore. Known As Dell Computers India Private Limited) Bangalore – 560 071. (Appellant) (Respondent) Revenue By : Sri.Muzaffar Hussain, Cit-Dr Assessee By : Sri.T.Surayanarayana, Advocate Date Of Pronouncement : 25.08.2021 Date Of Hearing : 24.08.2021 O R D E R Per George George K, Jm The Above Cross Appeals Were Disposed Of By The Itat Vide Its Order Dated 23.10.2019. The Assessee Filed Miscellaneous Petition (Mp No.64/Bang/2020 & Mp No.65/Bang/2020) For Non-Adjudication Of Assessee’S Prayer, Namely, Exclusion Of E-Zest Solutions Limited & Softsol India Limited From The Final List Of Comparables. Further, As Regards The Corporate Tax Issue, It Was Stated In The Mp That There Is No Adjudication Of Ground Nos.15 & 16 In 2 It(Tp)A No.1907 & 1971/Bang/2017. M/S.Dell International Services India Pvt.Ltd. Assessee’S Appeal. In Grounds 15 & 16, The Issue Raised Is That The Assessee Is Entitled To Benefit U/S 10A Of The I.T.Act In Respect Of Additions Agreed Under Map. The Assessee’S Further Prayer As Regards Ground No.1 In Revenue’S Appeal Is That Though The Issue Has Been Discussed, Since It Is Appearing In Ground No.15 & 16 Of The Assessee’S Appeal, The Conclusions Of The Itat In Its Order Dated 23.10.2019 Also Needs To Be Modified.

For Appellant: Sri.T.Surayanarayana, AdvocateFor Respondent: Sri.Muzaffar Hussain, CIT-DR
Section 10A

…turnover also to be reduced from the total turnover. 7.1 After hearing rival submissions, we are of the view that the above issue raised by the Revenue is no more res integra. The Hon’ble Supreme Court in the case of CIT v. HCL Technologies Ltd. reported in 404 ITR 719 had held that when expenditure are reduced from the export turnover, the same need to be reduced also from the total turnover while calculating deduction u/s 10A of the I.T.Act. In view of the dictum laid down by the Hon’ble Apex Court, ground No.1 raised in Revenue’s appeal is rejected. 10 IT(TP)A No.1907 & 1971/Bang/2017. M/s.Dell Internationa…

M/S Dell International Services India Private Limited, Bangalore vs. Additional Commissioner of Income Tax (Ltu), Bangalore

In the result, the appeal filed by the Revenue and assessee stands partly allowed

ITA 1907/BANG/2017[2008-09]Status: DisposedITAT Bangalore25 Aug 2021AY 2008-09

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am It(Tp)A No.1907/Bang/2017 : Asst.Year 2008-2009 M/S.Dell International Services The Addl.Commissioner Of India Private Limited (Formerly Income-Tax (Ltu) V. Known As Dell Computers India Bangalore. Private Limited) No.12/1, 12/2A, 13/1A Divyashree Greens, Challaghatta Village, Varthur, Hobli Bangalore – 560 071. Pan : Aabcd1741M. (Appellant) (Respondent) It(Tp)A No.1971/Bang/2017 : Asst.Year 2008-2009 The Addl.Commissioner Of M/S.Dell International Services Income-Tax (Ltu) India Private Limited (Formerly V. Bangalore. Known As Dell Computers India Private Limited) Bangalore – 560 071. (Appellant) (Respondent) Revenue By : Sri.Muzaffar Hussain, Cit-Dr Assessee By : Sri.T.Surayanarayana, Advocate Date Of Pronouncement : 25.08.2021 Date Of Hearing : 24.08.2021 O R D E R Per George George K, Jm The Above Cross Appeals Were Disposed Of By The Itat Vide Its Order Dated 23.10.2019. The Assessee Filed Miscellaneous Petition (Mp No.64/Bang/2020 & Mp No.65/Bang/2020) For Non-Adjudication Of Assessee’S Prayer, Namely, Exclusion Of E-Zest Solutions Limited & Softsol India Limited From The Final List Of Comparables. Further, As Regards The Corporate Tax Issue, It Was Stated In The Mp That There Is No Adjudication Of Ground Nos.15 & 16 In 2 It(Tp)A No.1907 & 1971/Bang/2017. M/S.Dell International Services India Pvt.Ltd. Assessee’S Appeal. In Grounds 15 & 16, The Issue Raised Is That The Assessee Is Entitled To Benefit U/S 10A Of The I.T.Act In Respect Of Additions Agreed Under Map. The Assessee’S Further Prayer As Regards Ground No.1 In Revenue’S Appeal Is That Though The Issue Has Been Discussed, Since It Is Appearing In Ground No.15 & 16 Of The Assessee’S Appeal, The Conclusions Of The Itat In Its Order Dated 23.10.2019 Also Needs To Be Modified.

For Appellant: Sri.T.Surayanarayana, AdvocateFor Respondent: Sri.Muzaffar Hussain, CIT-DR
Section 10A

…turnover also to be reduced from the total turnover. 7.1 After hearing rival submissions, we are of the view that the above issue raised by the Revenue is no more res integra. The Hon’ble Supreme Court in the case of CIT v. HCL Technologies Ltd. reported in 404 ITR 719 had held that when expenditure are reduced from the export turnover, the same need to be reduced also from the total turnover while calculating deduction u/s 10A of the I.T.Act. In view of the dictum laid down by the Hon’ble Apex Court, ground No.1 raised in Revenue’s appeal is rejected. 10 IT(TP)A No.1907 & 1971/Bang/2017. M/s.Dell Internationa…

Divi'S Laboratories Ltd, Hyderabad vs. Addl.CIT, Range-1, Hyderabad

ITA 710/HYD/2015[2008-09]Status: DisposedITAT Hyderabad17 Aug 2021AY 2008-09

Bench: Shri S.S. Godara & Shri L. P. Sahu(Through Virtual Hearing)

For Appellant: Shri S. Rama RaoFor Respondent: Shri R. Dipak (D.R.)
Section 10BSection 115JSection 143(3)

…insurance charges of Rs.4,21,48,702 and Rs.4,58,34,902; respectively not only from “export” but also from “total turnover”. We find that the instant issue is also no more res integra as per hon'ble apex court’s decision in CIT Vs. HCL Technologies Ltd. (2018) 404 ITR 719 followed by CBDT Circular No.4 of 2018 dt.14.08.2018 that whatever item is to be excluded from “export” must also follow the suit regarding the “total turnover”. The Revenue’s instant substantive last ground is rejected therefore. So is the outcome of its twin appeals ITA 708 & 709/Hyd/2015 (supra). 12. We lastly acknowledge that although the ins…

DCIT, Circle-17(1), Hyderabad vs. Divi'S Laboratories Ltd, Hyderabad

ITA 709/HYD/2015[2009-10]Status: DisposedITAT Hyderabad17 Aug 2021AY 2009-10

Bench: Shri S.S. Godara & Shri L. P. Sahu(Through Virtual Hearing)

For Appellant: Shri S. Rama RaoFor Respondent: Shri R. Dipak (D.R.)
Section 10BSection 115JSection 143(3)

…insurance charges of Rs.4,21,48,702 and Rs.4,58,34,902; respectively not only from “export” but also from “total turnover”. We find that the instant issue is also no more res integra as per hon'ble apex court’s decision in CIT Vs. HCL Technologies Ltd. (2018) 404 ITR 719 followed by CBDT Circular No.4 of 2018 dt.14.08.2018 that whatever item is to be excluded from “export” must also follow the suit regarding the “total turnover”. The Revenue’s instant substantive last ground is rejected therefore. So is the outcome of its twin appeals ITA 708 & 709/Hyd/2015 (supra). 12. We lastly acknowledge that although the ins…

DCIT, Circle-17(1), Hyderabad vs. Divi'S Laboratories Ltd, Hyderabad

ITA 708/HYD/2015[2008-09]Status: DisposedITAT Hyderabad17 Aug 2021AY 2008-09

Bench: Shri S.S. Godara & Shri L. P. Sahu(Through Virtual Hearing)

For Appellant: Shri S. Rama RaoFor Respondent: Shri R. Dipak (D.R.)
Section 10BSection 115JSection 143(3)

…insurance charges of Rs.4,21,48,702 and Rs.4,58,34,902; respectively not only from “export” but also from “total turnover”. We find that the instant issue is also no more res integra as per hon'ble apex court’s decision in CIT Vs. HCL Technologies Ltd. (2018) 404 ITR 719 followed by CBDT Circular No.4 of 2018 dt.14.08.2018 that whatever item is to be excluded from “export” must also follow the suit regarding the “total turnover”. The Revenue’s instant substantive last ground is rejected therefore. So is the outcome of its twin appeals ITA 708 & 709/Hyd/2015 (supra). 12. We lastly acknowledge that although the ins…

Alcatel Lucent India Ltd., Gurgaon vs. DCIT, New Delhi

In the result, both the appeals of the assessee are allowed

ITA 5554/DEL/2011[2007-08]Status: HeardITAT Delhi16 Aug 2021AY 2007-08

Bench: Sh. Amit Shukladr. B. R. R. Kumar

For Appellant: Sh. Nageshwar Rao, AdvFor Respondent: Sh. Surenderpal, CIT DR
Section 10ASection 133(6)Section 143(3)Section 920(3)Section 92D

…sion of communication charges, expenditure incurred in foreign exchange from the export turnover. The issue of computation of deduction u/s 10A has reached a finality in view of the judgment of Hon’ble Supreme Court in the case of CIT Vs HCL Technologies Ltd. 404 ITR 719. The relevant portion of the said order dealing with the similar issues raised by the assessee in the present appeal is reproduced for the sake of ready reference: “5. The only point for consideration before this Court is whether in the facts and circumstances of the case, the software development charges are to be excluded while working out the…

Alcatel Lucent India Ltd., Gurgaon vs. DCIT, New Delhi

In the result, both the appeals of the assessee are allowed

ITA 5553/DEL/2011[2007-08]Status: HeardITAT Delhi16 Aug 2021AY 2007-08

Bench: Sh. Amit Shukladr. B. R. R. Kumar

For Appellant: Sh. Nageshwar Rao, AdvFor Respondent: Sh. Surenderpal, CIT DR
Section 10ASection 133(6)Section 143(3)Section 920(3)Section 92D

…sion of communication charges, expenditure incurred in foreign exchange from the export turnover. The issue of computation of deduction u/s 10A has reached a finality in view of the judgment of Hon’ble Supreme Court in the case of CIT Vs HCL Technologies Ltd. 404 ITR 719. The relevant portion of the said order dealing with the similar issues raised by the assessee in the present appeal is reproduced for the sake of ready reference: “5. The only point for consideration before this Court is whether in the facts and circumstances of the case, the software development charges are to be excluded while working out the…

Asst.C.I.T., Bangalore vs. M/S Mphasis Limited, Bangalore

In the result appeal filed by revenue stands dismissed and appeal filed by assessee stands allowed as indicated hereinabove

ITA 429/BANG/2015[2010-11]Status: DisposedITAT Bangalore14 Jun 2021AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Padamchand Khincha, C.AFor Respondent: Ms. Neera Malhotra, CIT(DR)
Section 10ASection 143(3)Section 144C

…st which both assessee as well as revenue are in appeal. 21. At the outset, both sides submit that the issue raised by revenue is no more resintegra by virtue of the decision of Hon’ble Supreme Court in case of CIT vs HCL Technologies Ltd., reported in (2018) 404 ITR 719. Hon’ble Supreme Court upheld the observations of Hon’ble Karnataka High Court in case of CIT vs Tata Elxi Ltd. (supra). Accordingly the appeal filed by revenue stands dismissed. Assessee’s appeal: 22. Ground No. 4-6 relates to the addition made on account of selling commission and networking charges: 23. It has been submitted that during the yea…

The Pr. Commissioner of Income Tax vs. M/S Cerner Health

In the result, the appeal is disposed of

ITA/210/2016HC Karnataka26 May 2021

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

Section 10ASection 195Section 260Section 40

…ion of Bombay High Court in 'CIT Vs. GEMS PLUS JEWELLERY 4 INDIA LIMITED' (2011) 330 ITR 175 (BOMBAY) and the second substantial question of law has been answered in favour of the assessee by the Supreme Court in 'CIT Vs. HCL TECHNOLOGIES LTD.' (2018) 404 ITR 719 (SC). Learned counsel for the assessee has further submitted that the first substantial question of law has been rendered academic. 4. On the other hand, learned counsel for the revenue fairly submitted that the first substantial question of law has been rendered academic. However, the finding of the Tribunal with regard to this substantia…

Atos India Private Limited, Mumbai vs. DCIT, RG. 14(1)(1), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 865/MUM/2016[2011-12]Status: DisposedITAT Mumbai06 May 2021AY 2011-12

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं. 7592/मुं/2014 ("न. व.2010-11) आअसं. 865/मुं/2016 ("न. व. 2011-12) Atos India Pvt. Ltd., Godrej & Boyce Complex, Plat No 5, Pirojshanagar, Lbs Marg, Vikhroli (West), Mumbai 400 079 ...... अपीलाथ" /Appellant Pan: Aaaco 2461J बनाम Vs. Dy. Commissioner Of Income Tax-9(1)(2) Aaykar Bhavan, M.K. Road, Mumbai 400 020 ..... ""तवाद"/Respondent आअसं. 1212/मुं/2016 ("न. व. 2011-12) Dy. Commissioner Of Income Tax-14(1)(1), Room No.460, 4Th Floor, Aaykar Bhavan, M.K. Road, Mumbai 400 020 ...... अपीलाथ" /Appellant Vs. Atos India Pvt. Ltd., Godrej & Boyce Complex, Plat No 5, Pirojshanagar, Lbs Marg, Vikhroli (West), Mumbai 400 079 Pan: Aaaco 2461J ..... ""तवाद"/Respondent Assessee By : Shri Dhanesh Bafna With Shri Arpit Agarwal Revenue By : Shri Anand Mohan

For Appellant: Shri Dhanesh Bafna with Shri Arpit AgarwalFor Respondent: Shri Anand Mohan
Section 143(3)

…f the Act, the expenditure towards freight and insurance should be excluded from the total turnover, as well as export turnover. The aforesaid judgment has been upheld by the Hon'ble Supreme Court of India in the case of CIT vs. HCL Technologies Ltd. reported 404 ITR 719 (SC). In view of settled legal position, the Assessing Officer is directed to reduce foreign expenses from export turnover and also from total turnover. The ground No.5 of the appeal is thus, allowed. 18 ITA NO.865/MUM/2016 (A.Y.2011-12) 17. In ground No.6 of appeal, the assessee has assailed grant of short credit of advance tax. The ld. Autho…

Atos India P.Ltd, Mumbai vs. DCIT RG 9(1)(2), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 7592/MUM/2014[2010-11]Status: DisposedITAT Mumbai06 May 2021AY 2010-11

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं. 7592/मुं/2014 ("न. व.2010-11) आअसं. 865/मुं/2016 ("न. व. 2011-12) Atos India Pvt. Ltd., Godrej & Boyce Complex, Plat No 5, Pirojshanagar, Lbs Marg, Vikhroli (West), Mumbai 400 079 ...... अपीलाथ" /Appellant Pan: Aaaco 2461J बनाम Vs. Dy. Commissioner Of Income Tax-9(1)(2) Aaykar Bhavan, M.K. Road, Mumbai 400 020 ..... ""तवाद"/Respondent आअसं. 1212/मुं/2016 ("न. व. 2011-12) Dy. Commissioner Of Income Tax-14(1)(1), Room No.460, 4Th Floor, Aaykar Bhavan, M.K. Road, Mumbai 400 020 ...... अपीलाथ" /Appellant Vs. Atos India Pvt. Ltd., Godrej & Boyce Complex, Plat No 5, Pirojshanagar, Lbs Marg, Vikhroli (West), Mumbai 400 079 Pan: Aaaco 2461J ..... ""तवाद"/Respondent Assessee By : Shri Dhanesh Bafna With Shri Arpit Agarwal Revenue By : Shri Anand Mohan

For Appellant: Shri Dhanesh Bafna with Shri Arpit AgarwalFor Respondent: Shri Anand Mohan
Section 143(3)

…f the Act, the expenditure towards freight and insurance should be excluded from the total turnover, as well as export turnover. The aforesaid judgment has been upheld by the Hon'ble Supreme Court of India in the case of CIT vs. HCL Technologies Ltd. reported 404 ITR 719 (SC). In view of settled legal position, the Assessing Officer is directed to reduce foreign expenses from export turnover and also from total turnover. The ground No.5 of the appeal is thus, allowed. 18 ITA NO.865/MUM/2016 (A.Y.2011-12) 17. In ground No.6 of appeal, the assessee has assailed grant of short credit of advance tax. The ld. Autho…

The ACIT 2(3), Mumbai vs. M/S. Tata Sonsltd, Mumbai

Appeal stand allowed to that extent

ITA 4041/MUM/2007[2003-2004]Status: DisposedITAT Mumbai05 May 2021AY 2003-2004

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील िं./ I.T.A. No.4041/Mum/2007 (धििाारण वर्ा / Assessment Year: 2003-04) Acit-2(3) M/S. Tata Sons Ltd. बिाम/ Room No.555 Bombay House Aaykar Bhavan 24, Homi Modi Street Vs. Mumbai – 400 020. Fort, Mumbai – 400 001. स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aaact-4060-A (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : & आयकरअपील िं./ I.T.A. No.3664/Mum/2007 (धििाारण वर्ा / Assessment Year: 2003-04) M/S. Tata Sons Ltd. Acit-2(3) बिाम/ Bombay House Room No.555 24, Homi Modi Street Aaykar Bhavan Vs. Fort, Mumbai – 400 001. Mumbai – 400 020. स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aaact-4060-A (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Ms. Aarti Vissanji -Ld.Ar Revenue By : Shri Sanjay Singh-Ld.Cit-Dr ुनवाई की तारीख/ : 23/03/2021 Date Of Hearing घोषणा की तारीख / : 05/05/2021 Date Of Pronouncement Assessment Year 2003-04

For Appellant: Ms. Aarti Vissanji -Ld.ARFor Respondent: Shri Sanjay Singh-Ld.CIT-DR
Section 10ASection 10BSection 14ASection 36(1)(iii)Section 80MSection 90

…ator, Ld. AR has followed reliance on the decision of Hon’ble Gujarat High Court in Pr.CIT V/s Dishman Pharmaceuticals & Chemicals Ltd. (2019 112 Taxmann.com 91). The Hon’ble Court following the decision of Hon’ble Apex Court in CIT V/s HCL Technologies Ltd. (404 ITR 719) decided the issue in assessee’s favor. It was further observed that SLP against similar view taken by Hon’ble Karnataka High Court in Pr. CIT V/s Tesco Hindustan Service Center Private Ltd. (257 Taxman 92) stood dismissed. The Hon’ble Karnataka High Court held that while computing deduction u/s 10A, if the export turnover in numerator is arrived…

Handy Waterbase India Private Limited, Chennai vs. DCIT Company Circle 2(2), Chennai

In the result, appeals filed by the assessee for assessment year

ITA 422/CHNY/2020[2009-10]Status: DisposedITAT Chennai21 Apr 2021AY 2009-10

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 422/Chny/2020, 672 & 1228/Chny/2018 िनधा"रण वष" / Assessment Years: 2009-10, 2010-11 & 2011-12

For Appellant: Shri T. Banusekar, CA &For Respondent: Shri Suresh Periasamy, JCIT
Section 10BSection 2

…आयकर अपीलीय अिधकरण, ‘बी’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI "ी वी दुगा" राव,"या"यक सद"य एवं "ी जी. मंजुनाथ, लेखा सद"य के सम" BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.: 422/Chny/2020, 672 & 1228/CHNY/2018 िनधा"रण वष" / Assessment Years: 2009-10, 2010-11 & 2011-12 M/s. Handy Waterbase The DCIT, v. India Pvt. Ltd., Company Circle II(2), No.37, Montieth Road, Chennai- 34. Egmore, Chennai – 600 008. PAN: AABCH 0440B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant by : Shri T. Banusekar, CA & Shr…

Handy Waterbase India Private Limited, Chennai vs. DCIT Company Circle 2(2), Chennai

In the result, appeals filed by the assessee for assessment year

ITA 672/CHNY/2018[2010-11]Status: DisposedITAT Chennai21 Apr 2021AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 422/Chny/2020, 672 & 1228/Chny/2018 िनधा"रण वष" / Assessment Years: 2009-10, 2010-11 & 2011-12

For Appellant: Shri T. Banusekar, CA &For Respondent: Shri Suresh Periasamy, JCIT
Section 10BSection 2

…आयकर अपीलीय अिधकरण, ‘बी’ "यायपीठ, चे"ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI "ी वी दुगा" राव,"या"यक सद"य एवं "ी जी. मंजुनाथ, लेखा सद"य के सम" BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.: 422/Chny/2020, 672 & 1228/CHNY/2018 िनधा"रण वष" / Assessment Years: 2009-10, 2010-11 & 2011-12 M/s. Handy Waterbase The DCIT, v. India Pvt. Ltd., Company Circle II(2), No.37, Montieth Road, Chennai- 34. Egmore, Chennai – 600 008. PAN: AABCH 0440B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant by : Shri T. Banusekar, CA & Shr…