CIT v. Tata Elxsi Ltd.

349 ITR 98High Court2012#59 most cited

What is CIT v. Tata Elxsi Ltd. authority for?

When computing deduction under Section 10A, if communication or telecommunication expenses are excluded from export turnover, they must also be excluded from total turnover to maintain consistency and apply the ordinary meaning of 'turnover' in context.

818

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2012 to 2026.

Also referred to as

CIT v. Tata Elxsi Ltd. · Section 10A · deduction u/s 10A · export turnover · total turnover · communication expenses · telecommunication expenses · exclusion from turnover · computation of deduction · consistency principle · Karnataka High Court

Also reported as

204 Taxmann 32117 Taxmann.com 100

Sections most often in play

Section 10ASection 234DSection 234BSection 234CSection 254(2)Section 28Section 10B(4)Section 133(6)

Issues it is cited on

section 10asection 10companyindiabusiness

Judgments citing CIT v. Tata Elxsi Ltd.

DCIT, Bangalore vs. M/S Anz Operations & Technology Pvt. Ltd., Bangalore

In the result, both the appeals of the revenue are dismissed whereas the appeal of the assessee for Assessment Year 2007-08 and C

ITA 432/BANG/2012[2007-08]Status: DisposedITAT Bangalore08 May 2019AY 2007-08

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

For Appellant: Shri Keerthi Narayan, CAFor Respondent: Ms. Neera Malhotra, CIT (DR)
Section 10A

…h sides that this issue is now covered in favour of the assessee by the judgment of Hon’ble Karnataka High Court rendered in the IT(TP)A Nos.432 & 403/Bang/2012, 483/Bang/2013 & C.O. No. 130/Bang/2015 Page 3 of 6 case of CIT Vs. Tata Elxsi Ltd. as reported in 349 ITR 98 and the judgment of Hon’ble Apex Court rendered in the case of CIT vs. HCL Technologies Ltd. as reported in 302 CTR 191 and there is no other ground. 3. Regarding Assessment Year 2008-09, it was submitted that in this appeal of the revenue also, there is one more ground regarding corporate tax issue as per ground no. 2 in respect of computation of…

M/S Anz Operations and Technology Private Limited, Bangalore vs. DCIT, Bangalore

In the result, both the appeals of the revenue are dismissed whereas the appeal of the assessee for Assessment Year 2007-08 and C

ITA 403/BANG/2012[2007-08]Status: DisposedITAT Bangalore08 May 2019AY 2007-08

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

For Appellant: Shri Keerthi Narayan, CAFor Respondent: Ms. Neera Malhotra, CIT (DR)
Section 10A

…h sides that this issue is now covered in favour of the assessee by the judgment of Hon’ble Karnataka High Court rendered in the IT(TP)A Nos.432 & 403/Bang/2012, 483/Bang/2013 & C.O. No. 130/Bang/2015 Page 3 of 6 case of CIT Vs. Tata Elxsi Ltd. as reported in 349 ITR 98 and the judgment of Hon’ble Apex Court rendered in the case of CIT vs. HCL Technologies Ltd. as reported in 302 CTR 191 and there is no other ground. 3. Regarding Assessment Year 2008-09, it was submitted that in this appeal of the revenue also, there is one more ground regarding corporate tax issue as per ground no. 2 in respect of computation of…

M/S Volvo India Pvt. Ltd vs. ACIT, Bangalore

In the result, appeal of the Assessee is partly allowed

ITA 1537/BANG/2012[2008-09]Status: DisposedITAT Bangalore08 May 2019AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri Ajay Vohra, Sr. Advocate &For Respondent: Shri Pradeep Kumar, CIT(DR)(ITAT), Bengaluru
Section 139Section 143Section 143(3)Section 144Section 153(1)Section 18

…e an alternate prayer that expenses that are reduced from the export turnover should also be reduced from the total turnover and in this regard has placed reliance on the decision of the Hon’ble Karnataka High Court in the case of CIT v. Tata Elxsi Ltd [2012] 349 ITR 98 (Karn) wherein it was held that while computing deduction u/s.10A of the Act expenses that are reduced from the export turnover should also be reduced from the total turnover. The CIT(A) however upheld the order of the AO. IT(TP)A No.1537/Bang/2012 Page 15 of 58 19. Aggrieved by the order of CIT(A), the Assessee has raised Gr.No.2 & 3 before the…

Indus Valley Partners (India) Pvt. Ltd., Noida vs. DCIT, New Delhi

In the result, appeal of the assessee is allowed for statistical purpose

ITA 1364/DEL/2016[2006-07]Status: DisposedITAT Delhi30 Apr 2019AY 2006-07

Bench: Shri G.D. Agarwal & Shri K.Narasimha Charyassessment Year: 2006-07 Indus Valley Partners (India) P.Ltd., Vs Dcit, Circle 12(1). Sdf, B-13, 14 & 15, 3Rd Floor, New Delhi. 8, Noida Special Economic Zone, Phase-Ii, Noida. Pan: Aaaci7597R

Section 10Section 147Section 148Section 14A

…for counteracting the effect only of attempts by the assessee to reduce tax liability by transfer…." 17. The similar nature of controversy, akin this case, arose before the Karnataka High Court in CIT v. Tata ElxsiLtd. [2012] 204 Taxman 321/17/taxmann.com 100/349 ITR 98. The issue before the Karnataka High Court was whether the Tribunal was correct in holding that while computing relief under Section10A of the IT Act, the amount of communication expenses should be excluded from the total turnover if the same are reduced from the export turnover? While giving the answer to the issue, the High Court, inter-alia, he…

M/S Informatica Business Solutions P Ltd, Bangalore vs. Deputy Commissioner of Income Tax, Circle-11(4), Bangalore

ITA 1294/BANG/2014[2009-10]Status: DisposedITAT Bangalore25 Apr 2019AY 2009-10

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

For Respondent: Smt. Kabila .H, JCIT (DR)

…uding those comparables which are neither taken byte assessee or the TPO and which do not find a place in the order under Section 92CA. 8. The CIT(A) erred in directing the AO to follow the ratio laid down by theHon'ble Court in the case of Tata Elxsi Limited 349 ITR 98 and exclude the telecommunication charges / freight charges incurred in foreign currency from the total turnover also while computing the deduction u/s 10A of theI.T. Act as the decision of the High Court is binding, without appreciating thefact that there is no provision in Section 10A that such expenses should bereduced from the total turnover a…

Deputycommissioner of Income Tax, Bangalore vs. M/S Informatica Business P Ltd, Bangalore

ITA 1285/BANG/2014[2009-10]Status: DisposedITAT Bangalore25 Apr 2019AY 2009-10

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

For Respondent: Smt. Kabila .H, JCIT (DR)

…uding those comparables which are neither taken byte assessee or the TPO and which do not find a place in the order under Section 92CA. 8. The CIT(A) erred in directing the AO to follow the ratio laid down by theHon'ble Court in the case of Tata Elxsi Limited 349 ITR 98 and exclude the telecommunication charges / freight charges incurred in foreign currency from the total turnover also while computing the deduction u/s 10A of theI.T. Act as the decision of the High Court is binding, without appreciating thefact that there is no provision in Section 10A that such expenses should bereduced from the total turnover a…

DCIT, Circle-16(2), Hyderabad vs. Green Fire Agri Commodities Ltd (Presently Known As M/S Proceeds India Private Limited), Hyderabad Hyderabad, Hyderabad

In the result, Revenue’s appeal is dismissed

ITA 948/HYD/2017[2009-10]Status: DisposedITAT Hyderabad05 Apr 2019AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2009-10 Dcit, Vs. M/S. Green Fire Agri Circle-16(2), Commodities Ltd Hyderabad. (Presently Known As M/S. Proceeds India Private Limited), Hyderabad. Pan: Aabcn 7753 P (Appellant) (Respondent) Assessee By: Shri P.V.S.S. Prasad Revenue By: Smt. Neeju Gupta, Dr Date Of Hearing: 27/03/2019 Date Of Pronouncement: 05/04/2019 Order Per Smt. P. Madhavi Devi, J.M.:

For Appellant: Shri P.V.S.S. PrasadFor Respondent: Smt. Neeju Gupta, DR
Section 10ASection 10A(3)Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH “A”, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER Assessment Year: 2009-10 DCIT, Vs. M/s. Green Fire Agri Circle-16(2), Commodities Ltd Hyderabad. (Presently known as M/s. Proceeds India Private Limited), Hyderabad. PAN: AABCN 7753 P (Appellant) (Respondent) Assessee by: Shri P.V.S.S. Prasad Revenue by: Smt. Neeju Gupta, DR Date of hearing: 27/03/2019 Date of pronouncement: 05/04/2019 ORDER PER Smt. P. Madhavi Devi, J.M.: This is Revenue’s appeal for the Assessment Year 2009-10 filed against the order of t…

Income Tax Officer Ward-4(1)(3), Bangalore vs. M/S Meritor Commercial Vehicle Systems India Pvt Ltd, Bangalore

In the result, Revenue’s appeal for Assessment Year 2014-15 is dismissed

ITA 1134/BANG/2018[2014-15]Status: DisposedITAT Bangalore05 Apr 2019AY 2014-15

Bench: Shri Jason P Boaz & Shri Laliet Kumarassessment Year : 2014-15 The Income Tax Officer, Vs. M/S. Meritor Commercial Vehicles Ward – 4(1)(3), Systems India Pvt. Ltd., Bangalore – 560 095. Tower – 1, Office Block – Ii, Global Village, It Sector Sez Pattanagere, Vill. Mylasandra, Kengeri Hobli, Rvce Post, Bangalore – 560 095. Pan : Aafcm 7571 E Appellant Respondent Revenue By : Shri. L. V. Bhaskar Reddy, Addl. Cit Assessee By : Shri. C. Ramesh, Ca Date Of Hearing : 02.04.2019 Date Of Pronouncement : 05.04.2019 O R D E R

For Appellant: Shri. C. Ramesh, CAFor Respondent: Shri. L. V. Bhaskar Reddy, Addl. CIT
Section 10ASection 115JSection 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI JASON P BOAZ, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER Assessment year : 2014-15 The Income Tax Officer, Vs. M/s. Meritor Commercial Vehicles Ward – 4(1)(3), Systems India Pvt. Ltd., Bangalore – 560 095. Tower – 1, Office Block – II, Global Village, IT Sector SEZ Pattanagere, Vill. Mylasandra, Kengeri Hobli, RVCE Post, Bangalore – 560 095. PAN : AAFCM 7571 E APPELLANT RESPONDENT Revenue by : Shri. L. V. Bhaskar Reddy, Addl. CIT Assessee by : Shri. C. Ramesh, CA Date of hearing : 02.04.2019 Date of Pronouncement : 05.04.2019 O R…

ITO, Bangalore vs. M/S Netlogic Processors (India) Pvt. Ltd., Bangalore

In the result, the assessee’s appeal is allowed for statistical purposes whereas the revenue’s appeal is partly allowed for statistical purposes

ITA 294/BANG/2016[2007-08]Status: DisposedITAT Bangalore29 Mar 2019AY 2007-08

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

For Appellant: Shri Sharath Rao, CAFor Respondent: Ms. Neera Malhotra, CIT (DR)
Section 143(3)Section 144C(13)Section 92C

…eed that only one corporate tax issue is raised in the appeal of the revenue as per ground no. 4 and this issue is covered in favour of the assessee by the judgment of Hon'ble Karnataka High Court rendered in the case of CIT Vs. Tata Elxsi Ltd. as reported in 349 ITR 98 and also by the judgment of Hon’ble Apex Court rendered in the case of CIT vs. HCL Technologies Ltd. as reported in 302 CTR 191. As per these judgments, it was held that total turnover is sum total of export turnover and domestic turnover and if an amount is reduced from export turnover then the total turnover also goes down by the same amount aut…

Broadcom Semiconductors India Private Limited, Bangalore vs. ITO, Bangalore

In the result, the assessee’s appeal is allowed for statistical purposes whereas the revenue’s appeal is partly allowed for statistical purposes

ITA 236/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Mar 2019AY 2011-12

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

For Appellant: Shri Sharath Rao, CAFor Respondent: Ms. Neera Malhotra, CIT (DR)
Section 143(3)Section 144C(13)Section 92C

…eed that only one corporate tax issue is raised in the appeal of the revenue as per ground no. 4 and this issue is covered in favour of the assessee by the judgment of Hon'ble Karnataka High Court rendered in the case of CIT Vs. Tata Elxsi Ltd. as reported in 349 ITR 98 and also by the judgment of Hon’ble Apex Court rendered in the case of CIT vs. HCL Technologies Ltd. as reported in 302 CTR 191. As per these judgments, it was held that total turnover is sum total of export turnover and domestic turnover and if an amount is reduced from export turnover then the total turnover also goes down by the same amount aut…

ITO, Bangalore vs. M/S Invitrogen Bioservices India Pvt. Ltd., Bangalore

In the result, Revenue’s appeals for Assessment Years 2008-09 and 2009-10 are partly allowed for statistical purposes

ITA 911/BANG/2015[2009-10]Status: DisposedITAT Bangalore27 Mar 2019AY 2009-10

Bench: Shri N. V. Vasudevan & Shri Jason P Boazit(It)A Nos.910 & 911/Bang/2015 Assessment Years : 2008-09 & 2009-10

For Appellant: Shri. Sharath Rao, CAFor Respondent: Shri. R. N. Siddappaji, Addl. CIT
Section 10BSection 143(1)Section 143(3)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI JASON P BOAZ, ACCOUNTANT MEMBER IT(IT)A Nos.910 & 911/Bang/2015 Assessment years : 2008-09 and 2009-10 The Income-Tax Officer, Vs. M/s. Invitrogen Bioservices Ward-3(1)(4), India Pvt. Ltd., Bangalore. First Technology Place – 3, EPIP, Whitefield, Bangalore – 560 066. PAN : AABCI 3134 K APPELLANT RESPONDENT Revenue by : Shri. R. N. Siddappaji, Addl. CIT Assessee by : Shri. Sharath Rao, CA Date of hearing : 03.01.2019 Date of Pronouncement : 27.03.2019 O R D E R Per Jason P Boaz, Accountant Member The…

ITO, Bangalore vs. M/S Invitrogen Bioservices India Pvt. Ltd., Bangalore

In the result, Revenue’s appeals for Assessment Years 2008-09 and 2009-10 are partly allowed for statistical purposes

ITA 910/BANG/2015[2008-09]Status: DisposedITAT Bangalore27 Mar 2019AY 2008-09

Bench: Shri N. V. Vasudevan & Shri Jason P Boazit(It)A Nos.910 & 911/Bang/2015 Assessment Years : 2008-09 & 2009-10

For Appellant: Shri. Sharath Rao, CAFor Respondent: Shri. R. N. Siddappaji, Addl. CIT
Section 10BSection 143(1)Section 143(3)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI JASON P BOAZ, ACCOUNTANT MEMBER IT(IT)A Nos.910 & 911/Bang/2015 Assessment years : 2008-09 and 2009-10 The Income-Tax Officer, Vs. M/s. Invitrogen Bioservices Ward-3(1)(4), India Pvt. Ltd., Bangalore. First Technology Place – 3, EPIP, Whitefield, Bangalore – 560 066. PAN : AABCI 3134 K APPELLANT RESPONDENT Revenue by : Shri. R. N. Siddappaji, Addl. CIT Assessee by : Shri. Sharath Rao, CA Date of hearing : 03.01.2019 Date of Pronouncement : 27.03.2019 O R D E R Per Jason P Boaz, Accountant Member The…

Dy.C.I.T., Bangalore vs. M/S Cisco Systems Services B.V. Indian Branch, Bangalore

In the result, the appeal filed by the revenue is dismissed

ITA 359/BANG/2015[2010-11]Status: DisposedITAT Bangalore22 Mar 2019AY 2010-11

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

For Appellant: Ms. Neera Malhotra, CIT (DR)For Respondent: Shri Chavali Narayan, CA
Section 10ASection 143(3)

…to law and facts of the case. 2. The learned DRP was not justified in directing the A.O. to follow the decision of the Hon’ble High Court in the case of CIT vs Tata Elxsi and others in the consolidated order dated 30.08.2011 in ITA No. 70/2009 & others (2012) 247 CTR 334 while computing the deduction u/s 10A. 3. The learned DRP erred in allowing the relief, relying on the decision of the Hon’ble High Court in the case of CIT vs Tata Elxsi and others in the consolidated order dated 30.08.2011 in ITA No. 70/2009 & others (2012) 247 CTR 334, while the same has not been accepted by the department and a SLP has been f…

Deputy Commissioner of Income Tax, Circle-3(1)(1), Bengaluru vs. M/S Flowserve India Controls Pvt Ltd, Bengaluru

In the result, the appeal by the revenue is dismissed while the appeal by the Assessee is partly allowed

ITA 2590/BANG/2017[2011-12]Status: DisposedITAT Bangalore15 Mar 2019AY 2011-12

Bench: Shri N.V. Vasudevan & Shri G. Manjunatha

For Appellant: Shri C. Sundara Rao, CIT(DR)For Respondent: Shri T. Suryanarayana, Advocate
Section 92Section 92C

…the case of Tata Elxsi Ltd., 349 ITR 98 (Karn). 11. The ld. DR in support of the ground raised has submitted that since the SLP has been filed in the Hon’ble Supreme Court, the judgment of the Hon'ble jurisdictional High Court in the case of Tata Elxsi Ltd., 349 ITR 98 should not be followed. The ld. counsel for the assessee, on the other hand, has contended that the operation of the judgment of the Hon'ble jurisdictional High Court has not been stayed by the Hon’ble Supreme Court, therefore, the Tribunal is supposed to follow the judgment of Hon'ble jurisdictional High Court. 12. Having carefully examined the…

M/S Flowserve India Controls Pvt Ltd, Bangalore vs. Depty Commissioner of Income Tax Circle-3(1)(2), Bangalore

In the result, the appeal by the revenue is dismissed while the appeal by the Assessee is partly allowed

ITA 2491/BANG/2017[2011-12]Status: DisposedITAT Bangalore15 Mar 2019AY 2011-12

Bench: Shri N.V. Vasudevan & Shri G. Manjunatha

For Appellant: Shri C. Sundara Rao, CIT(DR)For Respondent: Shri T. Suryanarayana, Advocate
Section 92Section 92C

…the case of Tata Elxsi Ltd., 349 ITR 98 (Karn). 11. The ld. DR in support of the ground raised has submitted that since the SLP has been filed in the Hon’ble Supreme Court, the judgment of the Hon'ble jurisdictional High Court in the case of Tata Elxsi Ltd., 349 ITR 98 should not be followed. The ld. counsel for the assessee, on the other hand, has contended that the operation of the judgment of the Hon'ble jurisdictional High Court has not been stayed by the Hon’ble Supreme Court, therefore, the Tribunal is supposed to follow the judgment of Hon'ble jurisdictional High Court. 12. Having carefully examined the…

Joint Commissioner of Income Tax (OSD) Circle-4(1)(1), Bangalore vs. M/S Kpmg Global Deliver Centre Pvt Ltd, Bangalore

In the result, this appeal filed by the revenue is dismissed

ITA 1197/BANG/2018[2013-14]Status: DisposedITAT Bangalore15 Feb 2019AY 2013-14

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri Sagar Nagaraj, CAFor Respondent: Shri Smarak Swain, JCIT (DR)
Section 10A

…sment order whereas the ld. AR of assessee supported the order of ld. CIT(A). He further pointed out in Para 5.3 of his order, ld. CIT(A) has followed the judgement of Hon'ble Karnataka High Court rendered in the case of CIT Vs. Tata Elxsi Ltd. as reported in 349 ITR 98. He also submitted that now this issue is now covered in favour of the assessee by the judgement of Hon’ble Apex Court also having been rendered in the case of CIT Vs. HCL Technologies Ltd. as reported in [2018] 93 taxmann.com 33 (SC). He submitted a copy of this judgement of Hon’ble Apex Court. 8. We have considered the rival submissions. We fin…

Joint Commissioner of Income Tax (OSD) Circle-4(1)(1), Bangalore vs. M/S Kpmg Global Deliver Centre Pvt Ltd, Bangalore

In the result, this appeal filed by the revenue is dismissed

ITA 1196/BANG/2018[2012-13]Status: DisposedITAT Bangalore15 Feb 2019AY 2012-13

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri Sagar Nagaraj, CAFor Respondent: Shri Smarak Swain, JCIT (DR)
Section 10A

…sment order whereas the ld. AR of assessee supported the order of ld. CIT(A). He further pointed out in Para 5.3 of his order, ld. CIT(A) has followed the judgement of Hon'ble Karnataka High Court rendered in the case of CIT Vs. Tata Elxsi Ltd. as reported in 349 ITR 98. He also submitted that now this issue is now covered in favour of the assessee by the judgement of Hon’ble Apex Court also having been rendered in the case of CIT Vs. HCL Technologies Ltd. as reported in [2018] 93 taxmann.com 33 (SC). He submitted a copy of this judgement of Hon’ble Apex Court. 8. We have considered the rival submissions. We fin…

DCIT, Bangalore vs. M/S Northern Operating Services, Bangalore

In the result, the appeal by the revenue is dismissed

ITA 101/BANG/2016[2011-12]Status: DisposedITAT Bangalore15 Feb 2019AY 2011-12

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaran

For Appellant: Shri K.R. Vasudevan, AdvocateFor Respondent: Shri Pradeep Kumar, CIT(DR)(ITAT), Bengaluru
Section 10ASection 143(3)Section 92

…rd to reducing the expenditure incurred in foreign currency both from the export turnover as well as the total turnover for the purpose of computation of deduction u/s. 10A of the Act as held by the Hon’ble Karnataka High Court in the case of Tata Elxsi Ltd., 349 ITR 98. 4. The ld. DR in support of the grounds raised has submitted that since the SLP has been filed in the Hon’ble Supreme Court, the judgment of the Hon'ble jurisdictional High Court in the case of Tata Elxsi Ltd., 349 ITR 98 should not be followed. The ld. counsel for the assessee, on the other hand, has contended that the operation of the judgment…

Indecomm Global Services India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, assessee’s C

ITA 553/BANG/2015[2010-11]Status: DisposedITAT Bangalore13 Feb 2019AY 2010-11

Bench: Shri N. V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri. K. R. Vasudevan, AdvocateFor Respondent: Shri. C. H. Sundar Rao, CIT-DR-I
Section 10ASection 143(1)Section 143(3)Section 144C(5)Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI JASON P. BOAZ, ACCOUNTANT MEMBER Appeal No. and APPELLANT RESPONDENT Assessment year IT(TP)A No.404/Bang/2015 The Deputy M/s. Indecomm Global Services 2010-11 Commissioner of India Pvt. Ltd., Income Tax, (formerly known as IGS Imaging Circle - 3(1)(1), Services India Private Limited) Bengaluru. Indecom House, #30, Lasker Road, Augugodi, Banalore – 560 030. PAN : AABCI 2902 H IT(TP)A No.553/Bang/2015 M/s. Indecomm Global The Deputy Commissioner of 2010-11 Services India Pvt. Ltd., Income Tax, Banalore –…

Asst.C.I.T., Bangalore vs. M/S Fair Issac India Software Pvt. Ltd., Bangalore

In the result, the appeal filed by the revenue is dismissed

ITA 1503/BANG/2015[2011-12]Status: DisposedITAT Bangalore29 Nov 2018AY 2011-12

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

For Appellant: Ms. Neera Malhotra, CIT (DR)For Respondent: Ms. Priyam Singhania, CA
Section 10ASection 143(3)

…ax payer in the international transaction shall alone be computed under the TNMM method 12. Whether on the facts and circumstances of the case, the DRP was right in following the ratio laid down by the Hon'ble High Court in the case of M/s Tata Elxsi Ltd., in 349 ITR 98. 13. Whether on the facts and in the circumstances of the case the Dispute Resolution Panel was right in holding that expenses reduced from Export Turnover has to be reduced from Total turnover also, since no provision u/s 10A provides for exclusion of such expenses. 14. For these and other grounds that may be urged at the time of hearing, it is p…