Dy. Commissioner of Income Tax , Circle-1(2), Hyderabad V. BA Continuum India Private Limited, Hyderabad

ITA 2260/Hyd/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6546 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 28-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J SIRI KUMAR
• Assessee Lawyers: PRATYUSHPRAVA SAHA

Judgement Text

ITA NO 2260 OF 2017 BA CONTINUUM INDIA P LTD HYDERA BAD. PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA NO.2260/HYD/2017 (ASSESSMENT YEAR: 2013-14) DY. COMMISSIONER OF INCOME TAX, CIRCLE 1(2) HYDERABAD VS BA CONTINUUM INDIA PRIVATE LIMITED, HYDERABAD PAN: AACCC2310C (APPELLANT) (RESPONDENT) FOR REVENUE : SHRI J. SIRI KUMAR, DR FOR ASSESSEE : SHRI PRATYUSHPRAVA SAHA O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS REVENUES APPEAL FOR THE A.Y 2013-14 AGAINS T THE ORDER OF THE CIT (A)-1, HYDERABAD, DATED 28.08. 2017. THE ONLY GROUND OF APPEAL RAISED BY THE REVENUE IS AS UNDER: THE LEARNED CIT (A) ERRED IN DIRECTING THE AO TO E XCLUDE COMMUNICATION CHARGES OF RS.86,19,518 FROM THE TOTA L TURNOVER. 2. AT THE TIME OF HEARING, BOTH THE PARTIES AGREED THAT THIS ISSUE IS NOW COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION OF THE HON'BLE SUPREME COURT IN THE CASE OF CIT VS. HCL TECHNOLOGIES LTD, IN CIVIL APPEAL NOS.8489-8490 OF 2013 AND OTHERS, DATED 24 TH APRIL, 2018, WHEREIN IT HAS BEEN HELD THAT IF DATE OF HEARING: 02.07.2018 DATE OF PRONOUNCEMENT: 1 8 . 0 7 .2018 ITA NO 2260 OF 2017 BA CONTINUUM INDIA P LTD HYDERA BAD. PAGE 2 OF 2 ANY EXPENDITURE IS EXCLUDED FROM THE EXPORT TURNOVE R, THEN THE SAME HAS TO BE EXCLUDED FROM THE TOTAL TURNOVER AS WELL. IN VIEW OF THE SAME, REVENUES APPEAL IS DISMISSED. 3. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH JULY, 2018. SD/- SD/- (S.RIFAUR RAHMAN) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 18 TH JULY 2018. VINODAN/SPS COPY TO: 1 DY.CIT, CIRCLE 1(2), B-BLOCK, 7 TH FLOOR, IT TOWERS, AC GUARDS, MASAB TANK, HYDERABAD 500004 2 BA CONTINUUM INDIA PRIUVATE LTD, BUILDING NO.5, M IND SPACE, RAHEJA IT PARK, HI-TECH CITY, MADHAPUR, HYDERABAD 5 00081 3 CIT (A)-1, HYDERABAD 4 PR. CIT 1, HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER