Subex Ltd, V. Deputy Commissioner of Income-Tax, Bangalore

MA 90/BANG/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5288 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-02-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 30-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M K BIJU JCIT BENGALURU
• Section: 10B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER MP NO. 90/BANG/2016 (IN ITA NO. 1430/BANG/2010) ASSESSMENT YEAR : 2006-07 M/S. SUBEX LIMITED, ADARSH TECH PARK, OUTER RING ROAD, DEVARABEESANAHALLI, BANGALORE 560 103. PAN: AABCS 9255R VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 12(3), BANGALORE. APPLICANT RESPONDENT APPLICANT BY : SHRI TATA KRISHNA, ADVOCATE RESPONDENT BY : SHRI M.K. BIJU, JCIT (DR)(ITAT-3), BENGALURU. DATE OF HEARING : 25.11.2016 DATE OF PRONOUNCEMENT : 22.02.2017 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THIS MISCELLANEOUS PETITION IS PREFERRED BY THE AS SESSEE AGAINST THE ORDER OF THE TRIBUNAL DATED 12/08/2016 WITH THE SUB MISSION THAT THOUGH AT PAGE 3 OF THE TRIBUNALS ORDER, THE TRIBUNAL HAS ME NTIONED THAT TRIBUNAL MP NO. 90 /BANG/2016 IN ITA NO. 1430/BANG/2010 PAGE 2 OF 3 HAS TO ADJUDICATE THREE ISSUES, BUT THE ISSUE NO. 2 I.E., WHETHER THE TELECOMMUNICATION EXPENSES, INSURANCE CHARGES, PERS ONNEL EXPENSES, PROFESSIONAL EXPENSES, BRANCH OFFICE EXPENSES AND O THER EXPENSES INCURRED IN FOREIGN EXCHANGE SHOULD NOT BE EXCLUDED FROM THE EXPORT TURNOVER FOR THE PURPOSE OF COMPUTING DEDUCTION UND ER SECTION 10B OF THE INCOME TAX ACT, 1961?, REMAINED TO BE ADJUDICATED BY THE TRIBUNAL. THEREFORE, THE APPEAL MAY BE FIXED FOR HEARING TO A DJUDICATE THIS ISSUE. 2. THE LD. DR OPPOSED THE CONTENTIONS OF THE ASSESS EE. 3. WE HAVE CAREFULLY EXAMINED THE ORDER OF THE TRIB UNAL VIS--VIS THE MISCELLANEOUS PETITION AND WE FIND THAT THE TRIBUNA L AT PAGE 3 OF ITS ORDER DATED 12/08/2016 HAS IDENTIFIED THREE ISSUES FOR AD JUDICATION, BUT INADVERTENTLY THE TRIBUNAL DID NOT ADJUDICATE ISSUE NO. 2. SINCE THE ISSUE NO. 2 REMAINS TO BE TAKEN UP FOR CONSIDERATION, THE REGISTRY IS DIRECTED TO FIX THIS APPEAL FOR HEARING ON 06.03.2017 FOR ADJUD ICATION OF ISSUE NO. 2 WHICH IS AS UNDER:- WHETHER THE TELECOMMUNICATION EXPENSES, INSURANCE CHARGES, PERSONNEL EXPENSES, PROFESSIONAL EXPENSES, BRANCH O FFICE EXPENSES AND OTHER EXPENSES INCURRED IN FOREIGN EXC HANGE SHOULD NOT BE EXCLUDED FROM THE EXPORT TURNOVER FOR THE PURPOSE OF COMPUTING DEDUCTION UNDER SECTION 10B OF THE INC OME TAX ACT, 1961? REGISTRY IS DIRECTED TO INFORM THE PARTIES ACCORDI NGLY. MP NO. 90 /BANG/2016 IN ITA NO. 1430/BANG/2010 PAGE 3 OF 3 4. IN THE RESULT, THE MISCELLANEOUS PETITION BY THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON THIS 22 ND DAY OF FEBRUARY, 2017. SD/- SD/- ( A.K. GARODIA ) (SUNIL KUMAR YADAV ) ACCOUNTANT MEMBER JUDICIAL MEMBE R BANGALORE, DATED, THE 22 ND FEBRUARY, 2017. / DS / MS/ COPY TO: 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE.