DCIT, Bangalore V. M/s Intel Technology India Private Limited, Bangalore

ITA 45/BANG/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8550 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 19-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MONIKA BAID

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ITA NO. 45/BANG/2016 ASSESSMENT YEAR : 2007-08 THE DEPUTY COMMISSIONER OF INCOME TAX, LTU, CIRCLE 1, BANGALORE. VS. M/S. INTEL TECHNOLOGY INDIA PRIVATE LIMITED, NO. 23-56P, OUTER RING ROAD, DEVARABEESANAHALLI, VARTHUR HOBLI, BANGALORE 560103. PAN: AAACI 5394J APPELLANT RESPONDENT APPELLANT BY : MS. NEERA MALHOTRA, CIT (DR) RESPONDENT BY : MS. MONIKA BAID, CA DATE OF HEARING : 02.02.2017 DATE OF PRONOUNCEMENT : 22.02.2017 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THIS APPEAL IS BY THE REVENUE AGAINST THE ORDER OF CIT(A) INTER ALIA ON THE FOLLOWING GROUNDS:- 1. THE ORDER OF LD. CIT(A) IS OPPOSED TO LAW AND FACTS OF THE CASE. 2. THE LD. CIT(A) ERRED IN ALLOWING THE RELIEF IN RESPECT OF DEDUCTION U/S. 10A RELYING ON THE HONBLE KARNATAKA HIGH COURT IN THE CASE OF M/S. TATA ELXSI LTD. THE DEPA RTMENT HAS NOT ACCEPTED THE SAID ORDER AND HAS FURTHER FILED APPEA L SLP BEFORE HONBLE SUPREME COURT OF INDIA. ITA NO.45/BANG/2016 PAGE 2 OF 3 3. FOR THESE AND SUCH OTHER GROUNDS THAT MAY BE URGED AT THE TIME OF HEARING. 2. DURING THE COURSE OF HEARING OUR ATTENTION WAS I NVITED TO THE FACT THAT THE CIT(A) HAS ADJUDICATED THE ISSUE IN THE LI GHT OF THE JUDGMENT OF HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CI T VS TATA ELXSI LTD. (349 ITR 98) (KARN) . THE SLP FILED BY THE DEPARTMENT AGAINST THE JUDG MENT OF HONBLE JURISDICTIONAL HIGH COURT HAS BEEN DISMISSE D BY THE HONBLE SUPREME COURT. THEREFORE, THE FINDING OF CIT(A) IS IN CONSISTENCE WITH THE JUDGMENT OF HONBLE JURISDICTIONAL HIGH COURT IN TH E CASE OF CIT VS. TATA ELXSI LTD. ( SUPRA ). THUS, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF CIT(A). WE ACCORDINGLY REJECT THE GROUND RAISED BY THE REVE NUE. 3. IN RESULT, THE APPEAL BY THE REVENUE IS DISMISSE D. PRONOUNCED IN THE OPEN COURT ON THIS 22 ND DAY OF FEBRUARY, 2017. SD/- SD/- ( S. JAYARAMAN ) (SUNIL KUMAR YA DAV ) ACCOUNTANT MEMBER JUDIC IAL MEMBER BANGALORE, DATED, THE 22 ND FEBRUARY, 2017. / M S / ITA NO.45/BANG/2016 PAGE 3 OF 3 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.