Assistant Commissioner of Income Tax, Bangalore V. M/s. Precision Interconnect India Pvt Ltd., Bangalore

ITA 1322/BANG/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7685 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-08-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Next Hearing Date: 10-08-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 13-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P K PRASAD; UMASHANKAR
• Assessee Lawyers: B R RAMESH J

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, B E NGAL U R U BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA NO. 1322 / BANG/20 16 (ASSESSMENT YEAR: 20 04 - 05) ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 5(1), BENGALURU. VS. APPELLANT M/S.PRECISION INTERCONNECT INDIA PVT. LTD,. 22B, TE PARK INDUSTRIAL AREA, WHITEFIELD ROAD, BENGALURU - 560048. PAN:AABCP 8838 P RESPONDENT APPELLANT BY : SHRI B.R.RAMESH, JCIT(DR) RESPONDENT BY : S/ SHRI P.K.PRASAD & UMA SHANKAR, ADVOCATES. DATE OF HEARING : 10/08/2017 DATE OF PRONOUNCEMENT : 11 /08/2017 O R D E R PER I NTURI RAMA RAO, AM : THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME - TAX (APPEALS) - 12 [CIT(A)], BENGALURU, DATED 15/04/2016 FOR THE ASSESSMENT YEAR 2004 - 05. 2. THE REVENUE RAISED THE FOLLOWING GROUNDS OF APPEAL: ITA NO . 1322 /BANG/201 6 PAGE 2 OF 3 3. THE ONLY ISSUE IN THE PRESENT APPEAL IS WHETHER THE CIT(A) IS JUSTIFIED IN DIRECTING THE ASSESSING OFFICER TO REDUCE THE EXPENDITURE INCURRED IN TRAVEL, TELECOMMUNICATION ETC, BOTH FROM THE EXPORT TURNOVER AS WELL AS THE TOTAL TURNOVER FOR THE PURPOSE OF COMPUTATION OF DEDUCTION U/S 10A OF THE INCOME - TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT' FOR SHORT ] , FOLLOWING THE DECISION OF THE HON'BLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. TATA ELXSI (349 ITR 98) . 4 . WE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. SINCE THE DIRECTION OF THE CIT(A) IS IN CONSONANCE WITH THE DECISION OF THE HON'BLE JURISDICTIONAL HIGH COURT IN THE CASE OF TATA ELXSI (SUPRA) WE DISMISS THE GROUNDS OF APPEAL. ITA NO . 1322 /BANG/201 6 PAGE 3 OF 3 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 11 TH AUGUST, 201 7 SD / - SD/ - (VIJAY PAL RAO) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : B EN GAL URU D A T E D : /0 8 /2017 SRINIVASULU, SPS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME - TAX APPELLATE TRIBUNAL BANGALORE