Deputy Commissioner of Income Tax Circle-1(1)(1), Bangalore V. M/s AOL Online India Private Limited , Bangalore

ITA 787/BANG/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7382 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-10-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 06-04-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R N PARBAT
• Assessee Lawyers: VINEET KUMAR JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO, JUDICIAL MEMBER ITA NO. 787 /BANG/201 7 ASSESSMENT YEAR : 20 1 1 - 1 2 THE DCIT, CIRCLE 1 (1)(1), BANGALORE. VS. M/S. AOL ONLINE INDIA PVT. LTD., 401, PRESTIGE, MERIDIAN II, NO. 30, M. G. ROAD, BANGALORE 560 001. PAN: AA BCN2578G APPELLANT RESPONDENT ASSESSEE BY : SHRI VINEET KUMAR JAIN , C. A. REVENUE BY : SHRI R. N. PARBAT, CIT (DR) DATE OF HEARING : 26 . 10 .201 7 DATE OF PRONOUNCEMENT : 2 7 .10 .2017 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS IS A REVENUES APPEAL DIRECTED AGAINST THE OR DER OF CIT (A) 1, BENGALURU DATED 26.12.2016 FOR ASSESSMENT YEAR 2011 12. 2. THE REVENUE HAS RAISED SEVERAL GROUNDS BUT THE G RIEVANCE IS ONLY ONE THAT LEARNED CIT (A) HAS ERRED IN HOLDING THAT THE EXPEN DITURE OF RS. 371,49,313/- REDUCED BY THE A. O. FROM EXPORT TURNOVER TO COMPUT E THE DEDUCTION ALLOWABLE U/S 10A SHOULD ALSO BE REDUCED FROM TOTAL TURNOVER. 3. LEARNED DR OF THE REVENUE SUPPORTED THE ASSESSME NT ORDER AND LEARNED AR OF THE ASSESSEE SUPPORTED THE ORDER OF CIT (A). HE ALS O SUBMITTED THAT THIS ISSUE IS NOW COVERED IN FAVOUR OF THE ASSESSEE BY THE JUD GMENT OF HONBLE KARNATAKA HIGH COURT RENDERED IN THE CASE OF TATA ELXSI AS RE PORTED IN 349 ITR 98. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIN D THAT AS PER THIS JUDGMENT OF HONBLE KARNATAKA HIGH COURT RENDERED IN THE CASE O F TATA ELXSI (SUPRA), TOTAL TURNOVER IS SUM TOTAL OF EXPORT TURNOVER AND DOMEST IC TURNOVER AND THEREFORE, IF AN AMOUNT IS REDUCED FROM EXPORT TURNOVER, THEN TOT AL TURNOVER ALSO GETS ITA NO.787/BANG/2017 PAGE 2 OF 2 REDUCED AUTOMATICALLY BY THE SAME AMOUNT. HENCE, WE DECLINE TO INTERFERE IN THE ORDER OF CIT (A). 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- SD/- (VIJAY PAL RAO) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT M EMBER BANGALORE, DATED, THE 27 TH OCTOBER, 2017. /MS/ COPY TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.