Income Tax Officer, Ward-4(1)(4), Bangalore V. M/s Moog India Technology Center Pvt. Ltd., Bangalore

MA 38/BANG/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6995 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-08-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 16-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: K R VASUDEVAN

Judgement Text

MP.38/BANG/2018 PAGE - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'C', BENGALURU BEFORE SHRI. JASON P. BOAZ, ACCOUNTANT MEMBER AND SHRI. LALIET KUMAR, JUDICIAL MEMBER MISCELLANEOUS PETITION NO.38/BANG/2018 (IN I.T(TP)A NO.129/BANG/2016) (ASSESSMENT YEAR : 2011-12) M/S. MOOG INDIA TECHNOLOGY CENTER P. LTD, NO.1, 2 & 3, HOSUR MAIN ROAD, ELECTRONIC CITY, BENGALURU 560 100 .. APPELLANT PAN : AAGCM3566Q V. INCOME-TAX OFFICER, WARD 4(1)(4), BENGALURU .. RESPONDENT ASSESSEE BY : SHRI. K. R. VASUDEVAN, ADVOCATE REVENUE BY : SMT. SWARAG SUSAIN, JCIT HEARD ON : 03.08.2018 PRONOUNCED ON : 17.08.2018 O R D E R PER LALIET KUMAR, JUDICIAL MEMBER : THIS MISCELLANEOUS PETITION IS FILED BY THE REVENU E SEEKING RECTIFICATION OF THE ORDER OF THE TRIBUNAL DT.19.10 .2017. 02. IN THIS REGARD, THE LD. DR HAS SUBMITTED THAT I N THE ORDER DT.19.10.2017, IN PARA 15, HAS STATED THAT THE DRP HAS RELIED ON THE MP.38/BANG/2018 PAGE - 2 JUDGMENT OF THE JURISDICTIONAL HIGH COURT IN TATA E LXI LTD FOR WORKING OUT THE DEDUCTION U/S.10A OF THE ACT, TO THE ASSESS EE, WHEREAS THE DRP HAS NOT RELIED ON THE JUDGMENT IN THE MATTER OF TA TA ELXI LTD. 03. THE LD. AR HAS NO OBJECTION FOR RECTIFICATION O F THE ORDER OF THE TRIBUNAL IN THIS REGARD. 04. NONETHELESS IN OUR VIEW, PARA 15 OF THE ORDER I S REQUIRED TO BE MODIFIED. ACCORDINGLY, WHERE THE TRIBUNAL HAS MENT IONED THAT THE DRP HAS RELIED UPON THE JUDGMENT OF TATA ELXSI REQUIRES TO BE DELETED. 05. IN THE LIGHT OF THE ABOVE, PARA 15, SHALL NOW R EAD AS UNDER: 15. WE HAVE HEARD THE RIVAL SUBMISSIONS OF THE PART IES AND PERUSED THE RECORD . AS THE HONBLE JURISDICTIONAL HIGH COURT IN THE MATTER OF TATA ELXSI (SUPRA) HAD DECIDED THE IS SUE OF EXPORT TURNOVER / TOTAL TURNOVER ISSUE IN FAVOUR OF THE AS SESSEE, THEREFORE RESPECTFULLY FOLLOWING JUDGMENT OF THE HONBLE JURI SDICTIONAL HIGH COURT IN TATA ELEXSI (SUPRA), WE DIRECT EXCLUSION O F ITEMS WHICH ARE DEDUCTED FROM EXPORT TURNOVER ALSO , WHICH WERE DEDUCTED FROM THE TOTAL TURNOVER FOR THE PURPOSE OF WORKING OUT THE DEDUCTION U/S.10A OF THE ACT. THIS ISSUE IS DECIDE D AGAINST THE REVENUE AND IN FAVOUR OF THE ASSESSEE. 06. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 17TH DAY OF A UGUST, 2018. SD/- SD/- (JASON P. BOAZ) (LALIET KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER BENGALURU DATED : 17.08.2018 MCN* MP.38/BANG/2018 PAGE - 3 COPY TO: 1. THE ASSESSEE 2. THE ASSESSING OFFICER 3. THE COMMISSIONER OF INCOME-TAX 4. COMMISSIONER OF INCOME-TAX(A) 5. DR 6. GF, ITAT, BANGALORE BY ORDER SENIOR PRIVATE SECRETARY