Provimi Animal Nutrition Inida Private Limited, Bangalore V. DCIT, Bangalore

ITA 1226/BANG/2016

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6157 (ITAT-BANGALORE)
• Duration Of Justice: 4 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 21-09-2020
• Assessment Year: 2010-2011
• Appeal Filed On: 14-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI A.K GARODIA, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A NO.1226/BANG/2016 & IT(TP)A NO.448/BANG/2017 ASSESSMENT YEAR : 2010-11 & 2011-12 PROVIMI ANIMAL NUTRITION INDIA PVT. LTD., IS-40, KHB INDUSTRIAL AREA, YELAHANKA NEW TOWN, BENGALURU-560 064. PAN AAACT 4909 N VS. THE DY. COMMISSIONER OF INCOME- TAX, CIRCLE-12(2) (IT(TP)A NO.1226) CIRCLE-5(1)(2), (IT(TP)A NO.448) BENGALURU. APPELLANT RESPONDENT IT(TP)A NO.1321/BANG/2016 ASSESSMENT YEAR : 2010-11 THE DY. COMMISSIONER OF INCOME-TAX, CIRCLE-5(1)(2), BENGALURU. VS. PROVIMI ANIMAL NUTRITION INDIA PVT. LTD., IS-40, KHB INDUSTRIAL AREA, YELAHANKA NEW TOWN, BENGALURU-560 064. PAN AAACT 4909 N APPELLANT RESPONDENT APPELLANT BY : MS. MANASA ANANTHAN, ADVOCATE RESPONDNET BY : SMT. R PREMI, JCIT (DR) DATE OF HEARING : 21-09-2020 DATE OF PRONOUNCEMENT : 22-09-2020 ORDER PAGE 2 OF 5 IT(TP)A NOS.1226 & 1321/BANG/2016 IT(TP)A NO .448/BANG/2017 PER BEENA PILLAI, JUDICIAL MEMBER PRESENT CROSS APPEALS HAVE BEEN FILED BY ASSE SSEE AND REVENUE FOR ASSESSMENT YEAR 2010-11 ARISING OUT OF ORDER DATED 29/03/2016 PASSED BY LD.CIT(A) -5 AND APPEAL FILED BY ASSESSEE FOR ASSESSMENT YEAR 2011-12 ARISING OUT OF ORDER DATED 17/11/2016, PASSED BY LD.CIT(A) -5. 2. AT THE OUTSET, LD.AR SUBMITTED THAT ASSESSEE HAS DECIDED TO GO IN FOR VSVS 2020. SHE ACCORDINGLY SUB MITTED THAT, APPEALS FILED BY ASSESSE FOR ASSESSMENT YEARS UNDER CONSIDERATION, MAY BE ALLOWED TO BE WITHDRAWN WITH LIBERTY. 3. LD.SR.DR DO NOT OBJECT TO THE SAME. 4. WE HAVE PERUSED SUBMISSIONS ADVANCES BY BOTH SID ES IN LIGHT OF RECORDS PLACED BEFORE US. 5. AS ASSESSEE HAS SOUGHT FOR VSVS- SCHEME 2020, NO PURPOSE WILL BE SERVED IN KEEPING THE PRESENT APPEA L PENDING. CONSIDERING THE SITUATION, WE DISMISS THE PRESENT APPEAL AS WITHDRAWN. HOWEVER, LIBERTY IS GRANTED TO MOVE APPROPRIATE APPLICATION FOR RECALL OF THIS ORDER, I N THE EVENT, FORM 1 FILED BY ASSESSEE IS NOT ACCEPTED BY REVENUE . ACCORDINGLY, ASSESSEES APPEALS FOR ASSESSMENT YEAR S UNDER CONSIDERATION IS ALLOWED TO BE WITHDRAWN WITH LIBERTY. IN THE RESULT, ASSESSEES APPEALS ARE DISMISSED AS WITHDRAWN. 6. IN THE REVENUE APPEAL FOR ASSESSEMENT YEAR 2010- 11, IT IS SUBMITTED THAT ALL GROUNDS RELATE TO DIRECTION B Y LD.CIT(A), TO REDUCE EXPENDITURE INCURRED IN TRAVEL, TELECOMMU NICATION, PAGE 3 OF 5 IT(TP)A NOS.1226 & 1321/BANG/2016 IT(TP)A NO .448/BANG/2017 ETC FROM EXPORT TURN OVER AS WELL AS TOTAL TURNOVER FOR PURPOSE OF COMPUTATION OF DEDUCTION U/S.10A. 7. IT HAS BEEN SUBMITTED THAT, LD.CIT(A) FOLLOWED D ECISION OF HONBLE KARNATAKA HIGH COURT IN CASE OF TATA ELXSI LTD. VS. ACIT REPORTED IN 349 ITR 98 , WHERE IT IS HELD THAT, WHERE CERTAIN EXPENSES ARE EXCLUDED FROM THE EXPORT TURNO VER, FOR PURPOSE OF CALCULATING DEDUCTIONS ADMISSIBLE UNDER THE ACT, SUCH EXPENSES SHOULD ALSO BE EXCLUDED FROM TOTAL TU RNOVER AS THE EXPORT TURNOVER FORMS PART OF TOTAL TURNOVER. 8. LD.CIT.DR PLACED RELIANCE ON OBSERVATIONS OF LD.AO/TPO. 9. WE HAVE PERUSED SUBMISSIONS ADVANCED BY BOTH SID ES IN LIGHT OF RECORDS PLACED BEFORE US. 10. WE DO NOT FIND ANY INFIRMITY IN VIEW TAKEN BY L D.CIT(A) AND THEREFORE WE DO NOT FIND ANY MERIT IN GROUNDS R AISED BY REVENUE. ACCORDINGLY, GROUNDS RAISED BY ASSESSEE STANDS DISMISSED. IN THE RESULT, APPEAL FILED BY ASSESSEE STANDS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND SEPT, 2020. SD/- SD/- (A.K GARODIA) (BEENA PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 22 ND SEPT., 2020. /VMS/ PAGE 4 OF 5 IT(TP)A NOS.1226 & 1321/BANG/2016 IT(TP)A NO .448/BANG/2017 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 TRIBUNAL. BANGALORE.