DCIT, Bangalore V. M/s Toshiba Software (India) Pvt. Ltd., Bangalore

ITA 817/BANG/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8441 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 20-04-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: G. KAMALADHAR
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92; 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, B E NGAL U R U BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ITA NO. 817/ BANG/20 1 6 (ASSESSMENT YEAR: 20 07 - 08 ) DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE 7(1)(1), BENGALURU. VS. APPELLANT M/S.TOSHIBA SOFTWARE (INDIA) PVT. LTD. (ERSTWHILE TOSHIBA EMBEDDED SOFTWARE (INDIA) PVT. LTD. BENGALURU. RESPONDENT PAN: AAGES 4693 C APPELLANT BY : SHRI G.KAMALADHAR, STANDING COUNSEL. RESPONDENT BY : SHRI VINEET JAWAR, CA. DATE OF HEARING : 30/03/2017 DATE OF PRONOUNCEMENT : 31 /03/2017 O R D E R PER I NTURI RAMA RAO, AM : THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGAINST THE ORDER OF THE CIT(A) - 7, BENGALURU, DATE D 05/02/2016 FOR THE ASSESSMENT YEAR 2007 - 08. ITA NO . 817/ BANG/201 6 PAGE 2 OF 3 2. THE REVENUE RAISED THE FOLLOWING GROUNDS OF APPEAL. 2 . THE ISSUE SOUGH T TO BE RAISED IN THE ABOVE GROUND S IS COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION OF THE HON BLE KARNATAKA HIGH COURT I N THE CASE OF CIT VS. TATA ELXSI LTD. (349 ITR 98) . THE CIT(A) HAS ONLY FOLLOWED THE DECISION OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF TATA ELXSI (SUPRA) IN DIRECTING THE AO TO REDUCE EXPENDITURE INCURRED IN FOREIGN CURRENCY TOWARDS TELECOMMUNICATI ON AND TRAVELLING BOTH FROM EXPORT TURNOVER AS WELL AS TOTAL TURNOVER FOR THE PURPOSE OF CALCULATING BENEFIT U/S 10A OF THE INCOME - TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT' FOR SHORT]. THEREFORE, W E DO ITA NO . 817/ BANG/201 6 PAGE 3 OF 3 NOT FIND ANY MERIT IN THE APPEAL FILED BY THE REVENUE AND IS ACCORDINGLY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 31 ST MARCH , 201 7 S D/ - SD/ - (VIJAY PAL RAO) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE : B EN GAL URU D A T E D : 31 / 0 3 /2017 SRINIVASULU, S PS COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A) - 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER ASSISTANT R EGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE