ACIT, Bangalore V. Symphony Services Corporation (India) Pvt. Ltd., Bangalore

ITA 390/BANG/2012

• Counselvise Citation: 39021114 RSA 2012
• Duration Of Justice: 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-12-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 04-12-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 16-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ETWA MUNDA CITIII
• Assessee Lawyers: K R VASUDEVAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH C, BANGALORE BEFORE SMT. P.MADHAVI DEVI, JUDICIAL MEMBER A ND SHRI JASON P. BOAZ, ACCOUNTANT MEMBER ITA NO.390BANG/2012 (ASSESSMENT YEAR: 2007-08) ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 12( 3 ), BANGALORE. APPELLANT VS. M/S. SYMPHONY SERVICES CORPORATION(INDIA) PVT. LTD. SY.NO.13/1, OUTER RING ROAD , KADUBEESANAHALLI, VARTHUR HOBLI, BANGALORE - 560037. PAN :AABCG5658E RESPONDENT A PPELLANT BY: SHRI ETWA MUNDA, CIT - II I. RESPONDENT BY : SHRI K.R.VASUDEVAN, ADVOCATE. DATE OF HEARING: 04 - 12 - 2012. DATE OF PRONOUNCEMENT: 04 - 12 - 2012. O R D E R PER SMT. P.MADHAVI DEVI, JM: THIS IS REVENUES APPEAL FOR THE ASSESSMENT YEAR 2 007-08. THE REVENUE IS AGGRIEVED BY THE ORDER OF THE CIT(A) IN DIRECTING THE AO TO EXCLUDE TELE-COMMUNICATION EXPENSES OF ` 4,13,21,269/- AND EXPENSES INCURRED IN FOREIGN CURRENCY ON TRAVEL OF ` 3,47,32,126/-, CONSULTANCY FEES OF ` 4,82,856/- AND FRANCHISE COMMISSION OF ` 43,73,960/- FROM BOTH THE EXPORT TURNOVER AS WELL AS THE TOTAL TURNO VER FOR COMPUTATION OF DEDUCTION U/S 10A OF THE INCOME-TAX ACT, 1961 [H EREINAFTER REFERRED TO AS 'THE ACT']. ITA NO.390/BANG/2012 PAGE 2 OF 2 2. THE GROUND TAKEN BY THE REVENUE IS THAT THE CIT(A) OUGHT NOT TO HAVE CONSIDERED THE ORDER OF THE JURISDICTIONAL HIG H COURT ON THE ABOVE ISSUE AS THE SAID DECISION HAS NOT BEEN ACCEP TED BY THE DEPARTMENT AND A SLP HAS BEEN FILED BEFORE THE APEX COURT. 3. AT THE TIME OF HEARING, BOTH THE PARTIES AGREED THAT THIS ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION O F THE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. TATA ELXSI LTD. & OTHERS (205 TAXMAN 321(KAR). MERELY BECAUSE THE REVENUE HAS FILED AN SLP BEFORE THE HONBLE SUPREME COURT, THE PRECEDENTIAL VALUE OF TH E HONBLE HIGH COURTS DECISION IS NOT LOST. IN VIEW OF THE SAME, WE DO NOT SEE ANY REASON TO INTERFERE WITH THE ORDER OF THE CIT(A) AN D THE APPEAL OF THE REVENUE IS ACCORDINGLY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4TH DECEMBER, 2012 . SD/- SD/- (JAS O N P. BOAZ ) ACCOUNTANT MEMBER (SMT. P. MADHAVI DEVI) JUDICIAL MEMBER EKSRINIVASULU COPY TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) CONCERNED 4. CIT 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY INCOME-TAX APPELLATE TRIBU NAL, BANGALORE