D.C.I.T., Bangalore V. M/s Pharma ARC Analytic Solutions Pvt. Ltd., Bangalore

ITA 326/BANG/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 0338 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 16-06-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 03-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 ITA NO. 326/B/2015 IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH B, BANGALORE BEFORE SHRI N. V. VASUDEVAN, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.326/B/2015 ASSESSMENT YEAR 2010 11 M/S PHARMA ARC ANALYTIC SOLUTIONS PVT. LTD. , 3ED & 4 TH FLOOR, TOWER A, THE MILENNIA MURPHY ROAD, ULSOOR, BANGALORE 560008. PAN AADCP1532C VS DCIT CIRCLE 5 (1) (2), BANGALORE (RESPONDENT) (APPELLANT) SHRI S. SHARATH, ADVOCATE A SSESSEE BY MS. NEERA MALHOTRA, CIT REVENUE BY 16/06/2016 DATE OF HEARING 17 / 06 /201 6 DATE OF PRONOUNCEMENT O R D E R PER A. K. GARODIA, AM. IN THIS APPEAL OF THE REVENUE, THE ONLY ISSUE INVOL VED IS THAT IF AN AMOUNT IS REDUCED FROM EXPORT TURNOVER, THEN WHETHER THE SAME SHOULD ALSO BE REDUCED FROM THE TOTAL TURNOVER. 2. AT THE VERY OUTSET, LEARNED AR OF THE ASSESSEE S UBMITTED THAT THIS ISSUE IS NOW COVERED IN FAVOUR OF THE ASSESSEE BY T HE JUDGMENT OF HONBLE KARNATAKA HIGH COURT RENDERED IN THE CASE OF CIT VS . TATA ELXSI LTD. AS REPORTED IN 349 ITR 98. LEARNED DR OF THE REVENUE H AD NOTHING TO SAY IN REPLY. 2 ITA NO. 326/B/2015 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIN D THAT THE ISSUE INVOLVED WAS DECIDED BY DRP BY FOLLOWING THIS JUDGM ENT OF HONBLE KARNATAKA HIGH COURT RENDERED IN THE CASE OF CIT VS . TATA ELXSI LTD.(SUPRA) AND LEARNED DR OF THE REVENUE COULD NOT SHOW TO US THAT THIS JUDGMENT IS NOT APPLICABLE. HENCE, WE DECLINE TO INTERFERE IN T HE DECISION OF DRP ON THIS ISSUE. 4. IN THE RESULT THE APPEAL OF THE REVENUE STANDS D ISMISSED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DAT E MENTIONED ON THE CAPTION PAGE) SD/- SD/- (N. V. VASUDEVAN) (A.K. GARODI A ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 17/06/2016 COPY OF THE ORDER FORWARDED TO : 1.THE APPELLANT 2.THE RESPONDENT. 3.CONCERNED CIT 4.THE CIT(A) 5.D.R., I.T.A.T., BANGALORE ASSTT. RE GISTRAR