DCIT Corporate Circle 3(2), CHENNAI V. Verizon Data Services Pvt. Ltd., CHENNAI

ITA 3082/CHNY/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5208 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-06-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 14-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . . . , ! .#$#%, ' !( BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER ./ ITA NO.3082/CHNY/2017 % *% / ASSESSMENT YEAR : 2009-10 THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 3(2), CHENNAI - 600 034. V. M/S VERIZON DATA SERVICES PVT. LTD., 9 TH FLOOR, ALTIUS BLOCK, OLYMPIA TECH PARK, PLOT NO.1, SIDCO INDUSTRIAL, GUINDY, CHENNAI - 600 032. PAN : AABCV 1758 N (,-/ APPELLANT) (./,-/ RESPONDENT) ,- 0 1 / APPELLANT BY : SHRI AR.V. SREENIVASAN, JCIT ./,- 0 1 / RESPONDENT BY : SHRI SRIRAM SESHADRI, CA SHRI ASHIK SHAH, CA 2 0 3' / DATE OF HEARING : 07.06.2018 45* 0 3' / DATE OF PRONOUNCEMENT : 07.06.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -11, CHENNAI, DATED 31.08.2017 AND PERTAINS TO ASSESSMENT YEAR 2009-10. 2 I.T.A. NO.3082/CHNY/17 2. WE HEARD SHRI AR.V. SREENIVASAN, THE LD. DEPARTM ENTAL REPRESENTATIVE AND SHRI SRIRAM SESHADRI, THE LD. RE PRESENTATIVE FOR THE ASSESSEE. THE ONLY ISSUE ARISES FOR CONSIDERATION IS COMPUTATION OF ELIGIBLE PROFIT UNDER SECTION 10A OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT'). THE ASSESSING OFFICER INCLUDED THE TELECOM CHARGES INCURRED IN FOREIGN CURRENCY IN EXPORT TURNOVER AND EXCLUDED FR OM TOTAL TURNOVER. THE CIT(APPEALS), HOWEVER, DIRECTED THE ASSESSING OFFIC ER TO EXCLUDE THE TELECOM CHARGES BOTH FROM THE EXPORT TURNOVER AND T OTAL TURNOVER. IN FACT, THE CIT(APPEALS) PLACED HIS RELIANCE ON THE DECISIO N OF THIS BENCH OF THE TRIBUNAL IN FORD BUSINESS SERVICES CENTRE IN I.T.A. NO.1926/MDS/2015 DATED 19.02.2016. IN VIEW OF THE ABOVE, THIS TRIBU NAL DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE LOWER AUT HORITY AND ACCORDINGLY THE SAME IS CONFIRMED. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE S TANDS DISMISSED. ORDER PRONOUNCED ON 11 TH JUNE, 2018 AT CHENNAI. SD/- SD/- ( ! .#$#%) ( . . . ) (ABRAHAM P. GEORGE) (N.R.S. GANES AN) ' / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 7 /DATED, THE 11 TH JUNE, 2018. KRI. 3 I.T.A. NO.3082/CHNY/17 0 .389 :9*3 /COPY TO: 1. ,- /APPELLANT 2. ./,- /RESPONDENT 3. 2 ;3 () /CIT(A)-11, CHENNAI-34 4. PRINCIPAL CIT-3, CHENNAI. 5. 9< .3 /DR 6. =% > /GF.