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 367,154 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.

American Power Coversion (India) Private Limited, Bangalore vs. Addl.C.I.T., Bangalore

In the result appeal filed by assessee stands partly allowed as indicated herein above

ITA 1319/BANG/2011[2007-08]Status: DisposedITAT Bangalore23 Oct 2019AY 2007-08

Bench: Shri A.K.Garodia & Smt.Beena Pillaiit(Tp)A No.1319(Bang)/2011 (Assessment Year : 2007-08)

For Appellant: Shri Sharath Rao, CAFor Respondent: Shri C.H.Sundar Rao, CIT
Section 133(6)Section 92C

…essee, is in respect of exclusion of telecommunication expenses while computing deduction under section 10 A of the act upheld by Ld. CIT (A). Ld.AR placed reliance upon the decision of Hon’ble Karnataka High Court in case of CIT vs Tata Elxsi Ltd reported in 349 ITR 98 and submitted that this issue stands covered in favour of assessee. On the contrary,Ld.CIT DR placed reliance upon the order passed by Ld.AO. 44. We have perused submissions advanced by both sides in the light of the records placed before us. It is observed that, Hon’ble Karnataka High Court in case of CIT vs Tata Elxsi Ltd(supra) on identical iss…

Nvidia Graphics Private Limited, Bangalore vs. CIT, Bangalore

In the result, the appeal by the assessee is partly allowed while the appeal by the Revenue is dismissed

ITA 979/BANG/2016[2010-11]Status: DisposedITAT Bangalore16 Oct 2019AY 2010-11

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.979/Bang/2016 Assessment Year : 2010-11 M/S. Nvidia Graphics Pvt. Ltd., Vs. Commissioner Of Income-Tax C1 – “Jacaranda”, Wing A, (Appeals) - 5, Manyata Embassy Business Park, Bengaluru. Outer Ring Road, Bengaluru – 560 045. Pan : Aabcn 9200 H Appellant Respondent It(Tp)A No.1090/Bang/2016 Assessment Year : 2010-11 Jt. Commissioner Of Income-Tax, Vs. M/S. Nvidia Graphics Pvt. Ltd., Circle 5(1)(1), Room No.233, Bengaluru – 560 045. 2Nd Floor, Bmtc Complex, Pan : Aabcn 9200 H 80 Feet Road, Koramangala, Bengaluru – 560 095. Appellant Respondent Assessee By : Shri. Chavali Narayan, Ca Revenue By : Shri. Pradeep Kumar, Cit-Dr(Itat)(Bengaluru) Date Of Hearing : 10.10.2019 Date Of Pronouncement : 16.10.2019 O R D E R Per N. V. Vasudevan:

For Appellant: Shri. Chavali Narayan, CAFor Respondent: Shri. Pradeep Kumar, CIT-DR(ITAT)(Bengaluru)
Section 92C

…rges from the export turnover without reducing the same from the total turnover while allowing deduction to the assessee under section 10A of the Act. It is not in dispute before us that the Hon’ble Karnataka High Court in the case of CIT Vs. Tata Elxsi Ltd., 349 ITR 98 (Karnataka) has held that whatever is excluded from the export turnover should also be excluded from the total turnover while computing deduction under section 10A of the Act. This view of the Hon’ble Karnataka High Court has been upheld by the Hon’ble Supreme Court in the case of CIT Vs. HCL Technologies Ltd., (2018) 93 taxmann.com 33 (SC). In vi…

JCIT, Bangalore vs. M/S Nividia Graphics Private Limited, Bangalore

In the result, the appeal by the assessee is partly allowed while the appeal by the Revenue is dismissed

ITA 1090/BANG/2016[2010-11]Status: DisposedITAT Bangalore16 Oct 2019AY 2010-11

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.979/Bang/2016 Assessment Year : 2010-11 M/S. Nvidia Graphics Pvt. Ltd., Vs. Commissioner Of Income-Tax C1 – “Jacaranda”, Wing A, (Appeals) - 5, Manyata Embassy Business Park, Bengaluru. Outer Ring Road, Bengaluru – 560 045. Pan : Aabcn 9200 H Appellant Respondent It(Tp)A No.1090/Bang/2016 Assessment Year : 2010-11 Jt. Commissioner Of Income-Tax, Vs. M/S. Nvidia Graphics Pvt. Ltd., Circle 5(1)(1), Room No.233, Bengaluru – 560 045. 2Nd Floor, Bmtc Complex, Pan : Aabcn 9200 H 80 Feet Road, Koramangala, Bengaluru – 560 095. Appellant Respondent Assessee By : Shri. Chavali Narayan, Ca Revenue By : Shri. Pradeep Kumar, Cit-Dr(Itat)(Bengaluru) Date Of Hearing : 10.10.2019 Date Of Pronouncement : 16.10.2019 O R D E R Per N. V. Vasudevan:

For Appellant: Shri. Chavali Narayan, CAFor Respondent: Shri. Pradeep Kumar, CIT-DR(ITAT)(Bengaluru)
Section 92C

…rges from the export turnover without reducing the same from the total turnover while allowing deduction to the assessee under section 10A of the Act. It is not in dispute before us that the Hon’ble Karnataka High Court in the case of CIT Vs. Tata Elxsi Ltd., 349 ITR 98 (Karnataka) has held that whatever is excluded from the export turnover should also be excluded from the total turnover while computing deduction under section 10A of the Act. This view of the Hon’ble Karnataka High Court has been upheld by the Hon’ble Supreme Court in the case of CIT Vs. HCL Technologies Ltd., (2018) 93 taxmann.com 33 (SC). In vi…

Arctern Consulting Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, appeal of the assessee is partly allowed

ITA 352/BANG/2017[2012-13]Status: DisposedITAT Bangalore11 Oct 2019AY 2012-13

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.352/Bang/2017 Assessment Year : 2012-13 M/S. Arctern Consulting Pvt. Ltd., Vs. Deputy Commissioner Of Embassy Tech Village, Income-Tax, Tower 2B Hibiscus, 5Th Floor, Circle – 1(1)(2), Deverabeesanahalli, Bengaluru. Bengaluru – 560 037. Pan : Aaeca 9113 F Appellant Respondent Assessee By : Shri. T. Suryanarayana, Advocate Revenue By : Shri. Pradeep Kumar, Cit-Dr(Itat)(Bengaluru) Date Of Hearing : 09.10.2019 Date Of Pronouncement : 15.10.2019 O R D E R

For Appellant: Shri. T. Suryanarayana, AdvocateFor Respondent: Shri. Pradeep Kumar, CIT-DR(ITAT)(Bengaluru)
Section 10ASection 143(3)Section 92

…ing the same from the total turnover while allowing deduction to the assessee under section 10AA of the Act. It is not in dispute IT(TP)A No. 352/Bang/2017 Page 13 of 14 before us that the Hon’ble Karnataka High Court in the case of CIT Vs. Tata Elxsi Ltd., 349 ITR 98 (Karnataka) has held that whatever is excluded from the export turnover should also be excluded from the total turnover while computing deduction under section 10AA of the Act. This view of the Hon’ble Karnataka High Court has been upheld by the Hon’ble Supreme Court in the case of CIT Vs. HCL Technologies Ltd., (2018) 93 taxmann.com 33 (SC). In v…

M/S Sterling Commerce Pvt. Ltd., Bangalore vs. DCIT, Bangalore

In the result this ground raised by assessee stands allowed

ITA 1220/BANG/2011[2007-08]Status: DisposedITAT Bangalore30 Sept 2019AY 2007-08

Bench: Shri B.R.Baskaran & Smt Beena Pillaiit(Tp)A No.1220(Bang)/2011 (Assessment Year : 2007-08) M/S Sterling Commerce Solutions India Pvt.Ltd., (Successor In Interest To Telelogic India Pvt.Ltd) C/O Ibm India Pvt.Ltd,, Iii Floor, Subramanya Arcade, 12, Bannerghatta Road, Bangalore-560 029 Pan No.Aabct3727D/Ta-158 Appellant Vs The Deputy Commissioner Of Income Tax, Circle-12(4) Bangalore Respondent Appellant By : Sri Padamchand Khincha, Ca Revenue By : Shri Pradeep Kumar, Cit

For Appellant: Sri Padamchand Khincha, CAFor Respondent: Shri Pradeep Kumar, CIT
Section 143Section 92CSection 92C(3)

…enses and foreign travel expenditure while IT(TP)A No.1220(B)/2011 51 computing deduction under section 10A of the Act upheld by Ld. CIT (A). Ld.AR placed reliance upon the decision of Hon’ble Karnataka High Court in case of CIT vs Tata Elxsi Ltd reported in 349 ITR 98 and submitted that this issue stands covered in favour of assessee. On the contrary,Ld.CIT DR placed reliance upon the order passed by Ld.AO. 20.1 We have perused submissions advanced by both sides in the light of the records placed before us. It is observed that, Hon’ble Karnataka High Court in case of CIT vs Tata Elxsi Ltd(supra) on identical is…

Deputy Commissioner of Income Tax, Bangalore vs. M/S Infosys Bpo Ltd, Bangalore

In the result appeal filed by assessee stands partly allowed

ITA 1333/BANG/2014[2007-08]Status: DisposedITAT Bangalore27 Sept 2019AY 2007-08

Bench: Shri J. Sudhakar Reddy & Smt.Beena Pillai

For Appellant: Shri P.C. Khincha, CAFor Respondent: Miss. Neera Malhotra, CIT, DR
Section 10ASection 14ASection 40

…ng that the 3. Visakapatnam Special bench of the ITAT has made an attempt to write its own statute rather than interpret the statute. The CIT(A) erred in directing the AO to follow the 4. ratio laid down by the Hon'ble Court in the case of Tata Elxsi Limited 349 ITR 98 and exclude the telecommunication charges incurred in foreign currency from the total turnover also while computing the deduction u/s 10A of the I.T. Act, without appreciating the fact that there is no provision in Section 10A that such expenses should be reduced from the total turnover also, as clause (iv) of the explanation to Section 10A provid…

ITO vs. M/S Ariba Technologies Pvt Ltd, Bangalore

In the result, appeal of the Revenue in ITA

ITA 843/BANG/2013[2005-06]Status: DisposedITAT Bangalore27 Sept 2019AY 2005-06

Bench: Shri A.K. Garodia & Shri Pavan Kumar Gadaleit (T.P) A. Nos.843 & 844/Bang/2013 (Assessment Years : 2005-06 & 2008-09) Income Tax Officer, Ward 11(1), Bangalore. ……Appellant Vs. M/S. Ariba Technologies India Pvt. Ltd., No.65/2, Laurel, C Block, Rmz Icon, 51, Palace Road, Bangalore-560 052. ….Respondent C.O.Nos.170 & 171/Bang/2015 (In It (T.P) A. Nos.843 & 844/Bang/2013) (Assessment Years : 2005-06 & 2008-09) (By Assessee) Assessee/C.O. By: Shri P.K. Prasad, Advocate. Shri Umashankar Gautam, Advocate. Revenue By: Shri C. H. Sundar Rao, Cit (D.R)

For Respondent: Shri C. H. Sundar Rao, CIT (D.R)
Section 10ASection 143(2)Section 43BSection 92C

…On the disputed issue of claim of deduction under Section 10A of the Act, the learned CIT (Appeals) has considered the jurisdictional High Court decision in the case of CIT Vs. Tata 8 IT(T.P) A Nos.843 & 844/Bang/2013 C.O. Nos.170 & 171/Bang/2015 Elxsi Ltd. 349 ITR 98 (Kar), the CIT (Appeals) in paras 171 to 175 which read as under and allowed the ground of appeal of the assessee : 9 IT(T.P) A Nos.843 & 844/Bang/2013 C.O. Nos.170 & 171/Bang/2015 We found the jurisdictional High Court in the case of CIT Vs. Tata Elxsi Limited 349 ITR 98 held as under : “ There should be uniformity in the ingredients of both t…

24/7 Customer Private Limited, Bangalore vs. Asst.C.I.T., Bangalore

In the result, the appeal by the assessee and revenue are treated as partly allowed, while CO of the assessee is partly allowed for statistical purposes

ITA 550/BANG/2015[2010-11]Status: DisposedITAT Bangalore20 Sept 2019AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Vikram Singh Yadav, Accountant Membe It(Tp)A No.498/Bang/2015 Assessment Year : 2010-11

For Appellant: NoneFor Respondent: Shri C.H. Sundar Rao, CIT-I(DR), ITAT, Bangalore
Section 143(3)Section 92C

…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 DRP allowed alternative relief pleaded by the Assessee. 19. Aggrieved by the order of DRP, the revenue has raised Gr.No.2 & 3 before the Tribunal. The learned counsel f…

Asst.C.I.T., Bangalore vs. M/S 24/7 Customer Pvt. Ltd., Bangalore

In the result, the appeal by the assessee and revenue are treated as partly allowed, while CO of the assessee is partly allowed for statistical purposes

ITA 498/BANG/2015[2010-11]Status: DisposedITAT Bangalore20 Sept 2019AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Vikram Singh Yadav, Accountant Membe It(Tp)A No.498/Bang/2015 Assessment Year : 2010-11

For Appellant: NoneFor Respondent: Shri C.H. Sundar Rao, CIT-I(DR), ITAT, Bangalore
Section 143(3)Section 92C

…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 DRP allowed alternative relief pleaded by the Assessee. 19. Aggrieved by the order of DRP, the revenue has raised Gr.No.2 & 3 before the Tribunal. The learned counsel f…

M/S Financial Objects Software (India) Private Limited, Bangalore vs. ITO, Bangalore

In the result, this appeal is partly allowed

ITA 1471/BANG/2012[2008-09]Status: DisposedITAT Bangalore20 Sept 2019AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Vikram Singh Yadav, Accountant Membe

For Appellant: Shri K.R. Pradeep, AdvocateFor Respondent: Shri C.H. Sundar Rao, CIT-I(DR)(ITAT) Bangalore
Section 133(6)Section 143(3)

…he export turnover should also be reduced from the total turnover and in this IT(TP)A Nos.1156/Bang/2011 & 1471/Bang/2012 Page 16 of 38 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 DRP did not allow the claim of the Assessee. 23. Aggrieved by the order of DRP, the Assessee is in appeal before the Tribunal. The learned DR relied on the order of the…

M/S Ge Medical Systems (Inaia) Private Limited, Bangalore vs. DCIT, Bangalore

In the result, this appeal is partly allowed

ITA 1156/BANG/2011[2007-08]Status: DisposedITAT Bangalore20 Sept 2019AY 2007-08

Bench: Shri N.V. Vasudevan & Shri Vikram Singh Yadav, Accountant Membe

For Appellant: Shri K.R. Pradeep, AdvocateFor Respondent: Shri C.H. Sundar Rao, CIT-I(DR)(ITAT) Bangalore
Section 133(6)Section 143(3)

…he export turnover should also be reduced from the total turnover and in this IT(TP)A Nos.1156/Bang/2011 & 1471/Bang/2012 Page 16 of 38 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 DRP did not allow the claim of the Assessee. 23. Aggrieved by the order of DRP, the Assessee is in appeal before the Tribunal. The learned DR relied on the order of the…

Assistant Commissioner of Income Tax, Circle - 5(1)(1), Bangalore vs. M/S. Neobytes Software Solutions Pvt. Ltd., Bengaluru

In the result appeal filed by revenue stands dismissed

ITA 1108/BANG/2017[2009 - 10]Status: DisposedITAT Bangalore06 Sept 2019

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

For Appellant: Shri S.V.Ravishankar, AdvocateFor Respondent: Dr.P.V.Pradeep Kumar, Addl.CIT
Section 10ASection 142(1)Section 143(1)Section 143(2)Section 8

…s dismissed. ITA No.1108(B)/2017 6 10. Ground No.3 is in respect of computation of deduction under section 10 A of the Act. Revenue is agitated that Ld.CIT (A) by following decision of Hon’ble Karnataka High Court in case of CIT vs Tata Elxsi Ltd reported in 349 ITR 98 directed Ld.AO to compute deduction under section 10A, as per ratio laid down by SAP Labs India Pvt. Ltd. vs ACIT reported in (2010) 8 Taxmann.com 207 and Triology E-business software India Pvt Ltd. vs DCIT Hon’ble Court. It has been agitated by the Ld.CIT, DR that telecommunication expenses and expenses incurred in foreign currency cannot be redu…

DCIT vs. M/S Logica Pvt. Ltd

In the result appeal filed by the Revenue is partly allowed for statistical purposes

ITA 611/BANG/2013[2004-05]Status: DisposedITAT Bangalore28 Aug 2019AY 2004-05

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

For Appellant: Ms. Neera Malhotra, CIT (DR)For Respondent: Shri T Suryanarayana, Advocate by
Section 10A

…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), 19. 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 IT(TP…

M/S Mcml Systems Private Limited, Bangalore vs. Assistant Commissioner of Income Tax Circle-4(1)(2), Bangalore

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed

ITA 454/BANG/2019[2010-11]Status: DisposedITAT Bangalore21 Aug 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
Section 10ASection 115JSection 143(1)Section 143(3)

…heard the rival contentions and perused and carefully considered the material on record; including the judicial pronouncement cited. ITA Nos. 452 to 454/Bang/2019 Page 22 of 24 The jurisdictional High Court of Karnataka in the case of CIT v Tata Elxsi Ltd (349 ITR 98) (Kar) has held that when certain expenses are excluded from the export turnover for the purposes of computing deduction admissible under the Act; like u/s. 10A of the Act, such expenses are also to be excluded from total turnover, as export turnover is a part of total turnover. The decision in the case of Tata Elxsi Ltd (supra) has also been foll…

M/S Mcml Systems Private Limited, Bangalore vs. Assistant Commissioner of Income Tax Circle-4(1)(2), Bangalore

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed

ITA 453/BANG/2019[2009-10]Status: DisposedITAT Bangalore21 Aug 2019AY 2009-10

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

For Appellant: Shri. K. R. Vasudevan, AdvocateFor Respondent: Shri. C. H. Sundar Rao
Section 10ASection 115JSection 143(1)Section 143(3)

…heard the rival contentions and perused and carefully considered the material on record; including the judicial pronouncement cited. ITA Nos. 452 to 454/Bang/2019 Page 22 of 24 The jurisdictional High Court of Karnataka in the case of CIT v Tata Elxsi Ltd (349 ITR 98) (Kar) has held that when certain expenses are excluded from the export turnover for the purposes of computing deduction admissible under the Act; like u/s. 10A of the Act, such expenses are also to be excluded from total turnover, as export turnover is a part of total turnover. The decision in the case of Tata Elxsi Ltd (supra) has also been foll…

M/S Mcml Systems Private Limited, Bangalore vs. Assistant Commissioner of Income Tax Circle-4(1)(2), Bangalore

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed

ITA 452/BANG/2019[2008-09]Status: DisposedITAT Bangalore21 Aug 2019AY 2008-09

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

For Appellant: Shri. K. R. Vasudevan, AdvocateFor Respondent: Shri. C. H. Sundar Rao
Section 10ASection 115JSection 143(1)Section 143(3)

…heard the rival contentions and perused and carefully considered the material on record; including the judicial pronouncement cited. ITA Nos. 452 to 454/Bang/2019 Page 22 of 24 The jurisdictional High Court of Karnataka in the case of CIT v Tata Elxsi Ltd (349 ITR 98) (Kar) has held that when certain expenses are excluded from the export turnover for the purposes of computing deduction admissible under the Act; like u/s. 10A of the Act, such expenses are also to be excluded from total turnover, as export turnover is a part of total turnover. The decision in the case of Tata Elxsi Ltd (supra) has also been foll…

Asst.C.I.T., Bangalore vs. M/S Moog Controls (India) Pvt. Ltd., Bangalore

In the result, Revenue's appeal for Assessment Year 2010-11 is dismissed

ITA 425/BANG/2015[2010-11]Status: DisposedITAT Bangalore14 Aug 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 143(1)Section 143(3)Section 144CSection 144C(5)Section 92C

…e assessee submitted that there was no error on the part of the learned CIT (Appeals)-1, in allowing the assessee's claim for deduction under Section 10A of the Act by relying on the judgment of the Karnataka High Court in the case of CIT vs. Tata Elxsi Ltd. (349 ITR 98)(Kar). It was further submitted that this issue is now covered in favour of the assessee by the decision of the Hon'ble Apex Court in the case of CIT V. HCL Technologies Ltd. (2018) 93 taxmann.com 33 (SC). 11.4.1 We have heard the rival contentions and perused and carefully considered the material on record; including the judicial pronouncement c…

Moog Controls (India) Private Limited, Bangalore vs. Asst.C.I.T., Bangalore

In the result, Revenue's appeal for Assessment Year 2010-11 is dismissed

ITA 412/BANG/2015[2010-11]Status: DisposedITAT Bangalore14 Aug 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 143(1)Section 143(3)Section 144CSection 144C(5)Section 92C

…e assessee submitted that there was no error on the part of the learned CIT (Appeals)-1, in allowing the assessee's claim for deduction under Section 10A of the Act by relying on the judgment of the Karnataka High Court in the case of CIT vs. Tata Elxsi Ltd. (349 ITR 98)(Kar). It was further submitted that this issue is now covered in favour of the assessee by the decision of the Hon'ble Apex Court in the case of CIT V. HCL Technologies Ltd. (2018) 93 taxmann.com 33 (SC). 11.4.1 We have heard the rival contentions and perused and carefully considered the material on record; including the judicial pronouncement c…

Deputy Commissioner of Income Tax, Circle-2(1)(1), Bengaluru vs. M/S. Csg Systems International Private Limited, Bengaluru

In the result, the appeal of the revenue for Assessment Year 2011-12 is also dismissed

ITA 2643/BANG/2017[2011-12]Status: DisposedITAT Bangalore31 Jul 2019AY 2011-12

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri K.R. Vasudevan, Advocate
Section 250Section 253Section 92C(3)(a)

…r 2010-11, it was agreed by both sides that the corporate tax issue involved in this appeal of revenue is squarely 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. Regarding the TP issue involved in the appeal of the revenue in respect of objection to the exclusion of two comparables i.e. KALS information systems Ltd. and Tata Elxsi Ltd., it was agreed by both sides that this TP issue involved in revenue’s appeal may be also be decided on the basis of chart submitted by ld. AR of assessee. 6. We have consid…

Deputy Commissioner of Income Tax, Circle-2(1)(1), Bengaluru vs. M/S. Csg Systems International Private Limited, Bengaluru

In the result, the appeal of the revenue for Assessment Year 2011-12 is also dismissed

ITA 2642/BANG/2017[2010-11]Status: DisposedITAT Bangalore31 Jul 2019AY 2010-11

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri K.R. Vasudevan, Advocate
Section 250Section 253Section 92C(3)(a)

…r 2010-11, it was agreed by both sides that the corporate tax issue involved in this appeal of revenue is squarely 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. Regarding the TP issue involved in the appeal of the revenue in respect of objection to the exclusion of two comparables i.e. KALS information systems Ltd. and Tata Elxsi Ltd., it was agreed by both sides that this TP issue involved in revenue’s appeal may be also be decided on the basis of chart submitted by ld. AR of assessee. 6. We have consid…