DCIT, Bangalore V. M/s Broadcom India Research Pvt. Ltd., Bangalore

ITA 1480/BANG/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 0304 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 18-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SRINIVAS MADDURY

Judgement Text

ITA.1480/BANG/2015 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH 'B', BANGALORE SHRI. ABRAHAM P. GEORGE, ACCOUNTANT MEMBER I.T.A NO.1480/BANG/2015 (ASSESSMENT YEAR : 2008-09) DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE -1(1)(2), BENGALURU .. APPELLANT V. M/S. BROADCOM INDIA RESEARCH P. LTD, CAMPU 1A, 5 TH FLOOR, RMZ ECOSPACE, BELLANDUR VILLAGE, VARTHUR HOBLI, BENGALURU 560 037 .. RESPONDENT PAN : AACCB6307L ASSESSEE BY : SHRI. SRINIVAS MADDURY, CA & SHRI. AN KUR PAI, CA REVENUE BY : SHRI. SUNIL KUMAR AGARWAL, JCIT HEARD ON : 09.06.2016 PRONOUNCED ON : 24.06.2016 O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER : IN THIS APPEAL FILED BY REVENUE, ITS GRIEVANCE IS THAT CIT (A) DIRECTED THE AO TO EXCLUDE FROM TOTAL TURNOVER ITEMS LIKE TR AVELLING EXPENSES AND CONSULTANCY CHARGES DEDUCTED FROM THE EXPORT TURNOV ER FOR WORKING OUT THE DEDUCTION U/S.10A OF THE INCOME-TAX ACT, 1961 (THE ACT IN SHORT). 02. I FIND THAT THE CIT (A) HAD FOLLOWED THE JUDGME NT OF HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF TATA ELXSI LTD V. CIT [349 ITR 98], ITA.1480/BANG/2015 PAGE - 2 IN DIRECTING EXCLUSION OF ITEMS DEDUCTED FROM EXPOR T TURNOVER FROM TOTAL TURNOVER ALSO FOR WORKING OUT THE DEDUCTION U/S.10A OF THE ACT. JUST FOR A REASON THAT APPEAL HAS BEEN FILED BY THE REVENUE AG AINST THE JUDGMENT OF JURISDICTIONAL HIGH COURT WOULD NOT BE A REASON NOT TO FOLLOW THE JURISDICTIONAL HIGH COURTS JUDGMENT. I DO NOT FIN D ANY LACUNAE IN THE ORDER OF CIT (A). 03. IN THE RESULT, APPEAL OF THE REVENUE STANDS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH DAY OF JUNE, 2016. SD/- (ABRAHAM P GEORGE) ACCOUNTANT MEMBER MCN COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME-TAX 4. COMMISSIONER OF INCOME-TAX(A) 5. DR 6. GF, ITAT, BANGALORE BY ORDER ASSISTANT REGISTRAR