Deputy Commissioner of Income Tax Circle-4(1)(1), Bangalore V. M/s LSI India Research & Development Pvt Ltd , Bangalore

ITA 2156/BANG/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5639 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 10-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR G MANOJ KUMAR
• Assessee Lawyers: J KEERTHANA REDDY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH SMC A, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA NO.2156 (BANG) 2017 (ASSESSMENT YEAR : 2010 11) THE DCIT, CIRCLE 4 (1) (1), BENGALURU. APPELLANT VS M/S. LSI INDIA RESEARCH & DEVELOPMENT PVT. LTD., GLOBAL TECHNOLOGY PARK, BLOCK C, DEVARABEESANHALLI, MARATHAHALLI OUTER RING ROAD, BENGALURU 560103. PAN. AAECM1677N RESPONDENT ASSESSEE BY : SMT. J. KEERTHANA REDDY, ADVOCATE REVENUE BY : DR. G. MANOJ KUMAR, ADDL. CIT DR DATE OF HEARING : 08-01-2018 DATE OF PRONOUNCEMENT : 11 -01-2018 O R D E R PER A. K. GARODIA, A.M.: THIS APPEAL IS FILED BY THE REVENUE WHICH IS DIRECT ED AGAINST THE ORDER OF CIT (A) 4, BANGALORE DATED 30.08.2017 FOR A. Y. 2010 11 . 2. THE REVENUE HAS RAISED SEVERAL GROUNDS BUT THE O NLY GRIEVANCE OF THE REVENUE IS ABOUT THE DIRECTION OF CIT (A) TO THE AO THAT FO R COMPUTING THE DEDUCTION ALLOWABLE U/S 10A, EXPENDITURE INCURRED IN FOREIGN CURRENCY TOWARDS TELECOMMUNICATION & SOFTWARE CONSULTANCY EXPENSES R EDUCED BY THE AO FROM EXPORT TURNOVER SHOULD ALSO BE REDUCED FROM TOTAL T URNOVER. 3. LEARNED DR OF THE REVENUE SUPPORTED THE ASSESSME NT ORDER AND LEARNED AR OF THE ASSESSEE SUPPORTED THE ORDER OF CIT (A). SHE AL SO SUBMITTED THAT THIS ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE JUDGMEN T OF HONBLE KARNATAKA HIGH COURT RENDERED IN THE CASE OF TATA ELXSI LTD. AS REPORTED IN 349 ITR 98. ITA NO. 2156(BANG)2017 2 4. I HAVE CONSIDERED THE RIVAL SUBMISSIONS. I FIND THAT IN THE CASE OF TATA ELXSI LTD. (SUPRA), THIS WAS HELD BY HONBLE KARNATAKA HIGH CO URT THAT TOTAL TURNOVER IS SUM TOTAL OF EXPORT TURNOVER AND DOMESTIC TURNOVER AND HENCE, IF AN AMOUNT IS REDUCED FROM EXPORT TURNOVER, TOTAL TURNOVER ALSO G ETS REDUCED AUTOMATICALLY BY THE SAME AMOUNT. RESPECTFULLY FOLLOWING THIS JUDGME NT, I DECLINE TO INTERFERE IN THE ORDER OF CIT (A). 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- ( A .K. GARODIA ) ACCOUNTANT MEMBER BANGALORE D A T E D : 11.01.2018 /MS/ COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.