DCIT, Bangalore V. M/s Secon Pvt. Ltd., Bangalore

ITA 682/BANG/2014

• Counselvise Citation: 68221114 RSA 2014
• Duration Of Justice: 10 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 19-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P K SRIHARI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE N.V.VASUDEVAN , JUDICIAL MEMBER A ND SHRI ABRAHAM P . GEORGE , ACCOUNTANT MEMBER ITA NO. 682 / BANG/20 1 4 (ASSESSMENT YEAR: 20 10 - 11 ) DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE 12(3), B ANGALORE. APPELLANT VS. M/S.SECON PVT. LTD. NO.147, 7B ROAD, (EPIP), WHITEFIELD, BANGALORE - 560056. RESPONDENT PAN: AAECS6269A APPELLANT BY: DR. P.K.SRIHARI, ADDL.CIT. RESPONDENT BY: SHRI TATA KRISHNA, ADVOCATE. DATE OF HEARING : 1 0 - 0 3 - 201 5 . DATE OF PRONOUNCEMENT: 20 - 03 - 2015 . O R D E R PER ABRAHAM P . GEORGE , A M : THIS IS A DEPARTMENTAL APPEAL IN WHICH IT ASSAILS THE ORDER OF THE CIT(A) TO EXCLUDE RE - IMBURSEMENT OF CERTAIN EXPENDITURE, NOT CONSIDERED AS PART OF EXPORT TURNOVER BY THE ASSESSING OFFICER (AO), FROM THE TOTAL TURNOVER ALSO WHILE COMPUTING THE DEDUCTION AVAILABLE TO THE ASSESSEE UNDER SEC.10A OF THE INCOME - TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT' FOR SHORT]. ITA NO . 682/BANG/2014 M/S.SECON PVT.LTD. PAGE 2 OF 2 2. WE HAVE HEAR D THE COUNSEL FOR BOTH SIDES. CIT(A) HAD RELIED ON THE JUDGMENT OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. TATA ELXSI (349 ITR 98) FOR DIRECTING THE EXCLUSION OF THE ITEM NOT INCLUDED IN EXPORT TURNOVER FROM THE TOTAL TURNOVER ALSO. JUST BE CAUSE SPECIAL LEAVE PETITION FILED AGAINST THE ABOVE JUDGMENT IN THE SUPREME COURT, WILL NOT IN OUR OPINION, BE A GOOD REASON TO DISTURB THE DIRECTIONS GIVEN BY CIT(A), YIELDING TO WISDOM OF THE HON BLE JURISDICTIONAL HIGH COURT. WE THUS DO NOT FIND ANY R EASON TO INTERFERE WITH THE ORDER OF THE LD.CIT(A). 3. APPEAL OF THE REVENUE IS DISMISSED. PRON OUNCED IN THE OPEN COURT ON 20 TH MARCH , 201 5 . SD/ - SD/ - ( N.V.VAS UDEVAN ) (ABRAHAM P.JEORGE) JUDICIAL MEMBER ACCOUNTANT MEMBER EKSRINIVASULU COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE