CIT v. Tata Elxsi Ltd.

Sonus Networks India Private Limited, Bangalore vs. ACIT, Bangalore

In the result, the appeal by the Assessee is partly allowed

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

…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 the Hon’ble Court held that whatever is excluded from the export turnover should also be excluded from the total turnover for the purpose of computing deduction u/s.10A of the Act. The main prayer as well as the alternate prayer was rejected by the AO as well as DRP. 17. We have heard the ld. counsel for the assessee and the ld. D…

Mindteck (India) Limited, Bangalore vs. ITO, Bangalore

In the result, appeal by the Assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Abraham P. George

…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). 31. We have heard the ld. counsel for the assessee and the ld. DR on the issues raised in ground No.4. Taking into consideration the decision rendered by the Hon’ble High Court of Karnataka in the case of CIT v. IT(TP)A No.1082/Bang/2011 Page 35 of 36 Tata Elxsi Ltd [2012] 349 ITR 98 (Karn), we are of the view that it would be just an…

Multitech Software Systems India Pvt. Ltd., Bangalore vs. ACIT, Bangalore

In the result, the assessee's appeal for Assessment Year 2005-06 is partly allowed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boazi.T.(T.P) A. No.73/Bang/2012 (Assessment Year : 2005-06) M/S. Multitech Software Vs. Assistant Commissioner Of Income Tax, Systems India Pvt. Ltd. Circle 12(1), Bangalore. No.170, 8Th Cross, 10Th Main, Indiranagar, 2Nd Stage, Bangalore-560 038 Pan Aaacm 9615Q Appellant Respondent.

…on grounds of low margins. 9.5 Computation of Deduction u/s.10A of the Act. In respect of the assessee's claim for deduction u/s.10A of the Act, the learned CIT(A) relying on the decision of the Hon'ble High Court of Karnataka in the case of Tata Elxsi Ltd. (349 ITR 98) and of the Special Bench of the Chennai ITAT in the case of Sak Soft Ltd. (313 ITR 353), directed the Assessing Officer to recompute the same by 9 IT(T.P)A Nos.73 & 175/Bang/2012 reducing from the “total turnover”, the communication expenses by which the “export turnover” has been reduced. 10.1 In the proceedings before us, the learned Department…

Actiance India Private Limited, Bangalore vs. ITO, Bangalore

In the result, the appeal by the Assessee is partly allowed

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

…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). 3. We have heard the ld. counsel for the assessee and the ld. DR on the issues raised in ground Nos.2 to 4. Taking into consideration the decision rendered by the Hon’ble High Court of Karnataka in the case of CIT v. Tata Elxsi Ltd [2012] 349 ITR 98 (Karn), we are of the view that it would be just and appropriate to direct the Assessing O…

Income Tax Officer, Ward-11(1), Bangalore vs. M/S Decho Technology India P Ltd, Bangalore

In the result, the appeal by the Revenue is partly allowed

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

…same from the total turnover. As a result, the deduction allowed u/s. 10A to the assessee was at a much lower sum than what was claimed by the assessee. 13. The CIT(Appeals), following the decision of the Hon’ble High Court of Karnataka in Tata Elxsi Ltd., 349 ITR 98 (Karn), directed the AO to exclude the aforesaid sums both from the export turnover and total turnover while computing deduction u/s. 10A of the Act. According to the Revenue, IT(T)A No.1326/Bang/2014 Page 7 of 7 the decision of Hon’ble High Court of Karnataka has not been accepted by the Revenue and therefore the issue being agitated. In our vi…

ITO, Bangalore vs. M/S Good Rich Aerospace Services Pvt. Ltd., Bangalore

In the result, the appeal by the revenue as well as the CO by the assessee is dismissed

Bench: Shri N.V. Vasudevan & Shri Abraham P. George

…the assessee, the CIT(Appeals) directed the AO to exclude the expenses in question both from the export turnover as well as total turnover. In doing so, the CIT(Appeals) relied on the decision of the Hon’ble High Court of Karnataka in CIT v. Tata Elxsi Ltd., 349 ITR 98 (Karn). 9. Aggrieved by the order of the CIT(Appeals), the Revenue has preferred the present appeal before the Tribunal. 10. In the Cross Objection, the assessee apart from supporting the order of the CIT(Appeals), has also contended that the telecommunication expenses were not attributable to the delivery of computer software outside India and…

ACIT, Bangalore vs. Symbol Technologies India Pvt. Ltd., Bangalore

In the result the appeal by the Assessee and the Revenue are partly allowed

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

…ch the Assessee submitted should be applied in choosing some comparable companies have not been accepted by the CIT(A). 11. The Revenue is in appeal on the following grounds:- (1) the decision of the Hon’ble High Court of Karnataka in the case of TATA Elxsi 349 ITR 98 (Karn) wherein it was held that whatever is reduced from the export turnover should also be reduced from the total turnover, has been challenged by the Revenue in higher forums; (2) the learned CIT(A) erred in holding that the TPO erred in not excluding comparables have any related party transactions; (3) The ld.CIT(A) erred in holding that profit…

M/S Symbol Technologies India Private Limited, Bangalore vs. ACIT, Bangalore

In the result the appeal by the Assessee and the Revenue are partly allowed

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

…ch the Assessee submitted should be applied in choosing some comparable companies have not been accepted by the CIT(A). 11. The Revenue is in appeal on the following grounds:- (1) the decision of the Hon’ble High Court of Karnataka in the case of TATA Elxsi 349 ITR 98 (Karn) wherein it was held that whatever is reduced from the export turnover should also be reduced from the total turnover, has been challenged by the Revenue in higher forums; (2) the learned CIT(A) erred in holding that the TPO erred in not excluding comparables have any related party transactions; (3) The ld.CIT(A) erred in holding that profit…

M/S Cypress Semiconductor Technology India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeal by the Assessee is allowed

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

…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). 26. We have heard the ld. counsel for the assessee and the ld. DR on the issues raised in this regard. Taking into consideration the decision rendered by the Hon’ble High Court of Karnataka in the case of CIT v. Tata Elxsi Ltd [2012] 349 ITR 98 (Karn), we are of the view that it would be just and appropriate to direct the Assessing Offi…

DCIT, Bangalore vs. M/S Secon Pvt. Ltd., Bangalore

Appeal of the Revenue is dismissed

Bench: N.V.Vasudevan & Shri Abraham P.Georgedeputy Commissioner Of Income-Tax, Circle 12(3), Bangalore. … Appellant Vs. M/S.Secon Pvt. Ltd. No.147, 7B Road, (Epip), Whitefield, Bangalore-560056. … Respondent Pan: Aaecs6269A

…10A of the Income-tax Act, 1961 [hereinafter referred to as 'the Act' for short]. M/s.Secon Pvt.Ltd. Page 2 of 2 2. We have heard the counsel for both sides. CIT(A) had relied on the judgment of the jurisdictional High Court in the case of CIT vs. Tata Elxsi (349 ITR 98) for directing the exclusion of the item not included in export turnover from the total turnover also. Just because Special Leave Petition filed against the above judgment in the Supreme Court, will not in our opinion, be a good reason to disturb the directions given by CIT(A), yielding to wisdom of the Hon’ble jurisdictional High Court. We thus d…

DCIT, Bangalore vs. M/S Slk Global Bpo Services Pvt. Ltd., Bangalore

Appeal of the Revenue is dismissed

Bench: N.V.Vasudevan & Shri Abraham P.Georgedeputy Commissioner Of Income-Tax, Circle 12(3), Bangalore. … Appellant Vs. M/S.Slk Global Bpo Services Pvt. Ltd. ‘Aishwarya Towers’, 525, 2Nd Main, Sampige Road, Malleswaram, Bangalore-560003. … Respondent Pan: Aabcc5793L

…tax Act, 1961 [hereinafter referred to as 'the Act' for short]. M/s.SLK Global BPO Services Pvt.Ltd. Page 2 of 2 2. We have heard the counsel for both sides. CIT(A) had relied on the judgment of the jurisdictional High Court in the case of CIT vs. Tata Elxsi (349 ITR 98) for directing the exclusion of the item not included in export turnover from the total turnover also. Just because Special Leave Petition filed against the above judgment in the Supreme Court, will not in our opinion, be a good reason to disturb the directions given by CIT(A), yielding to wisdom of the Hon’ble jurisdictional High Court. We thus d…

M/S Tata Elxsi Ltd., Bangalore vs. ACIT, Bangalore

In the result, the assessee's appeals for Assessment Years 2006-07 and 2007-08 are partly allowed and the assessee's appeal for Assessment Year 2008-09 is allowed

Bench: Shri Rajpal Yadav & Shri Jason P. Boaz

…alternate claim before the Tribunal that if such expenditure was to be excluded from the export turnover, then the same should also be excluded from the total turnover as held by the Hon'ble High Court of Karnataka in the case of CIT V Tata Elxsi Ltd. (2011) 349 ITR 98. The learned Authorised Representative submitted that the Tribunal accepted the alternate plea of the assessee and had not dealt with the original ground raised; viz. as to whether the expenses incurred in foreign currency should be excluded from export turnover at all. The learned Authorised Representative further submitted that this issue has be…

Nds Limited - India Branch Office, Bangalore vs. DDIT International Taxation, Bangalore

In the result, the assessee's appeal for Assessment Year 2006-07 is partly allowed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boazi.T(T.P) A. No.1515/Bang/2010 (Assessment Year : 2006-07) Nds Limited – India Branch Office, Vs. Dy. Director Of Income Tax, No.9, Ashford Park View, (International Taxation), 80 Ft Road, Koramangala Iii Block, Circle 1 (1), Bangalore. Bangalore-560 034 Pan Aabcn 2524L Appellant Respondent.

…alternate plea that the expenses 11 IT(T.P)A No.1515/Bang/2010 that are reduced from export turnover should also be reduced from total turnover, placing reliance on the decision of the Hon'ble Karnataka High Court in the case of CIT V Tata Elxsi Ltd. (2012) 349 ITR 98 (Kar). 6.2 We have heard both the learned Authorised Representative and the learned Departmental Representative in the matter. Taking into consideration the decision rendered by the Hon'ble High Court of Karnataka in the case of Tata Elxsi Ltd. (supra), we are of the view that it would be just and appropriate to direct the Assessing Officer that t…

DCIT, Bangalore vs. M/S Aditya Auto Products & Engineering (I) Pvt. Ltd., Bangalore

In the result, the appeal by the Revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boazassessment Year : 2008-09

…rom the export turnover in accordance with the specific definition cannot be reduced from the total turnover. 4. On appeal by the assessee, the CIT(Appeals) following the decision of the Hon’ble High Court of Karnataka in the case of CIT v. Tata Elxsi Ltd., 349 ITR 98 (Karn), held that whatever is excluded from the export turnover, has also to be excluded from the total turnover. 5. Aggrieved by the order of the CIT(Appeals), the revenue is in appeal before the Tribunal. 6. The only grievance of the Revenue is that the decision of Hon'ble High Court of Karnataka in Tata Elxsi (supra) has not attained finali…

DCIT vs. Sasken Communication Technology

Bench: Smt. P. Madhavi Devi & Shri Jason P.Boaz

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: BANGALORE BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER and SHRI JASON P.BOAZ, ACCOUNTANT MEMBER ITA Nos.1645 & 1646/Bang/2012 (Assessment years: 2006-07 & 2008-09) AND Cross Objn.No.72/Bang/2013 (In ITA No.176/Bang/2013) (Assessment year: 2004-05) M/s.Sasken Communication Technologies Ltd. 139/25, Domlur Ring road, Domlur, Bangalore. … Appellant/ PAN: AAECS 6424 R Cross Objector Vs. Deputy Commissioner of Income-tax, Circle 12(3), Bangalore. … Respondent AND Deputy Commissioner of Income-tax, Circle 12(3), Bangalore. … Appellant Vs. M/s.Sasken Communication Tec…

DCIT, Bangalore vs. Processor Systems India Pvt. Ltd., Bangalore

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2005-06

…e Act on the profits of the 10A unit without setting off loss pertaining to non-10A unit against the profits of 10A units. 3. In respect of the first issue, the CIT(A) , following the decision of the Hon'ble High Court of Karnataka in CIT v. Tata Elxsi Ltd., 349 ITR 98 (Kar), held that whatever is excluded from the export turnover, has also to be excluded from the total turnover while computing deduction u/s. 10A of the Act and allowed the claim of the assessee. 4. In so far as the second issue is concerned, the CIT(A) followed the decision of Hon'ble High Court of Karnataka in Yokogawa India Ltd., 345 ITR 38…

Tektronix Engineering Development India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the assessee's appeal for Assessment Year 2006-07 is partly allowed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boazi.T.(T.P) A. No.1465/Bang/2010 (Assessment Year : 2006-07) Tektronix Engineering Devt. Vs. Dy. Commissioner Of Income Tax, India P. Ltd., Circle 12(4), Bangalore. Samrah Plaza, 1St Floor, 4/2, St. Marks Road, Bangalore-560 001 Pan Aaact 7289F Appellant Respondent.

…n alternate plea that the expenses that are reduced from export turnover should also be reduced from total 28 IT(TP)A No.1465/Bang/2010 turnover, placing reliance on the decision of the Hon'ble Karnataka High Court in the case of CIT V Tata Elxsi Ltd. (2012) 349 ITR 98 (Kar). 10.2 We have heard both the learned Authorised Representative and the learned Departmental Representative in the matter. Taking into consideration the decision rendered by the Hon'ble High Court of Karnataka in the case of Tata Elxsi Ltd. (supra), we are of the view that it would be just and appropriate to direct the Assessing Officer that…