Goodrich Aerospace Services Private Limited, Bangalore V. ACIT, Bangalore

ITA 968/BANG/2010

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 1509 (ITAT-BANGALORE)
• Duration Of Justice: 7 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 07-03-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 06-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R VENKATESAN

Judgement Text

ITA.968/BANG/2010 PA GE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH 'B', BANGALORE BEFORE DR. O. K. NARAYANAN, VICE PRESIDENT AND SMT. P. MADHAVI DEVI, JUDICIAL MEMBER I.T.A NO.968/BANG/2010 (ASSESSMENT YEAR : 2005-06) M/S. GOODRICH AEROSPACE SERVICES P. LTD., SY.NOS.14/1 & 15/1, MARUTHI INDUSTRIAL ESTATE, PHASE-2, HOODY VILLAGE, WHITEFIELD ROAD, K. R. PURAM HOBLI, BANGALORE 560 048 .. APPELLAN T V. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -11(3), BANGALORE1 .. RESPONDENT APPELLANT BY : SHRI. R. VENKATESAN, CA RESPONDENT BY : SHRI. MANOJ KUMAR, ADDL.CIT O R D E R PER DR. O. K. NARAYANAN, VICE PRESIDENT : THIS APPEAL IS FILED BY THE ASSESSEE. THE RELEVAN T ASSESSMENT YEAR IS 2005-06. THE APPEAL IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME-TAX(A)-I AT BANGALORE DATED. 17.05.2010 AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S.143(3) O F THE IT ACT, 1961. 2. THE MAIN GRIEVANCE OF THE ASSESSEE IS THAT WHEN AN ADJUSTMENT IS MADE TO EXPORT TURNOVER CORRESPONDING ADJUSTMENT SHOULD HAVE BEEN MADE IN THE TOTAL TURNOVER ALSO. THIS CONTENTION I S ACCEPTED IN VIEW OF ITA.968/BANG/2010 PA GE - 2 THE SPECIAL BENCH ORDER OF THE ITAT, CHENNAI IN THE CASE OF ITO V. SAKSOFT LTD., (2009) (313 ITR 333). THE SAME VIEW WAS TAKEN IN ASSESSEE'S OWN CASE FOR ASSESSMENT YEAR 2004-05 BY THE ITAT, BANGALORE BENCH 'B', THROUGH THEIR ORDER DATED.29.0 8.2008. IN THESE CIRCUMSTANCES, WE DIRECT THE ASSESSING AUTHORITY TO RECOMPUTE THE DEDUCTION U/S.80B AFTER DEDUCTING THE SPECIFIED ITE MS FROM THE TOTAL TURNOVER ALSO. THE ADJUSTMENT SHOULD BE SIMULTANEO USLY MADE BOTH IN THE EXPORT TURNOVER AS WELL AS IN THE TOTAL TURNOVE R. 03. IN RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED TO THE ABOVE MENTIONED EXTENT. ORDER PRONOUNCED ON TUESDAY, THE 08TH DAY OF MARCH, 2011, AT BANGALORE. SD/- SD/- (SMT. P. MADHAVI DEVI) (DR. O. K. NARAYANAN) JUDICIAL MEMBER VICE PRESIDENT