Income-tax Officer, Ward-11(2), Bangalore V. M/s July Systems & Technologies Pvt Ltd, Bangalore

ITA 1064/BANG/2014

• Counselvise Citation: 106421114 RSA 2014
• Duration Of Justice: 4 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-12-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 13-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P DHIVAHAR J

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE , ACCOUNTANT MEMBER ITA NO. 1 06 4 / BANG/20 1 4 (ASSESSMENT YEAR: 20 04 - 05 ) INCOME - TAX OFFICER, WARD 11(2), BANGALORE. APPELLANT VS. M/S.JULY SYSTEMS & TECHNOLOGIES PVT.LTD. NO.17/9C, IV FLOOR, MARUTHI CHAMBERS, RUPEN AGRAHARA, HOSUR ROAD, BANGALORE . RESPONDENT PAN: AABCB6543M APPELLANT BY: SHRI P.DHIVAHAR, JCIT(DR) . RESPONDENT BY: MS. GIRIJA, CA. DATE OF HEARING : 16 / 12 /2014 . DATE OF PRONOUNCEMENT: 30 /12/2014. O R D E R PER SMT. P.MADHAVI DEVI, JM : THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A) - I, BANGALORE, DATED 16/04/2014 FOR THE ASSESSMENT YEAR 2004 - 05 . 2. THE ONLY GROUND OF APPEAL RAISED BY THE REVENUE IS AGAINST THE ORDER OF THE CIT(A) DIRECTING THE ASSESSIN G OFFICER ITA NO . 1 06 4 /BANG/201 4 M/S.JULY SYSTEMS & TECHNOLOGIES P.LTD. PAGE 2 OF 3 (AO) TO GIVE RELIEF BY EXCLUDING EXPENDITURE INCURRED IN FOREIGN CURRENCY ON TRAVEL FROM THE EXPORT TURNOVER AS WELL AS TOTA L TURNOVER WHILE COMPUTING DEDUCTION U/S 10A OF THE INCOME - TAX ACT, 1961[HEREINAFTER REFERRED TO AS 'THE ACT'] , BY FOLLOWING THE DECISION OF THE HON BLE KARNATAKA HIGH COURT IN THE CASE OF TATA ELEXSI LTD. (349 ITR 98). IT IS THE CASE OF THE REVENUE THAT THE DEPARTMENT HAS NOT ACCEPTED THE HON BLE HIGH COURT S DECISION AND AN APPEAL HAS BEEN FILED BEFORE THE HON BLE SUPREME COURT. 3 . HAVING REGARD TO THE RIVAL CONTENTIONS, WE FIND THAT THE REVENUE IS ONLY SEEKING TO KEEP THE ISSUE ALIVE IN VIEW OF THE FACT THAT THE REVENUE HAS FILED AN APPEAL BEFORE THE HON BLE SUPREME COURT AGAINST THE DECISION OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF TATA ELEXSI LTD. (SUPRA). HOWEVER, UNTIL AND UNLESS THE DECISION OF THE HON BLE HIGH COURT HAS BEEN SET ASID E BY THE HON BLE SUPREME COURT, IT DOES NOT LOSE ITS PRECEDEN TIAL VALUE. SINCE THE ORDER OF THE CIT(A) IS IN CONSONANCE WITH THE DECISION OF THE JURISDICTIONAL HIGH COURT, WE DO NOT SEE ANY REASON TO INTERFERE WITH THE SAME. 4. IN THE RESULT, THE REVENUE S APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 30 TH OF DECEMBER, 2014. SD/ - SD/ - (ABRAHAM P GEORGE) (SMT. P.MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER E KSRINIVASULU ITA NO . 1 06 4 /BANG/201 4 M/S.JULY SYSTEMS & TECHNOLOGIES P.LTD. PAGE 3 OF 3 COPY TO : 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE T RIBUNAL BANGALORE