2008 (8) TMI 917 - AT - Income Tax

Summary

Issues involved: Appeal against order of CIT(A)-II, Bangalore u/s 143(3) of the Act and u/s 250 of the Act, computation of deduction u/s 10B, adjustment of outward freight charges, penalty proceedings u/s 271(1)(c) of the IT Act.

Comprehensive details of the judgment:

Issue 1: Legality of orders u/s 143(3) and u/s 250 of the Act
The appeal was filed challenging the legality of the orders passed by DCIT u/s 143(3) and CIT(A) u/s 250 of the Act. The Tribunal considered the arguments presented and upheld the finding that adjustment needs to be made to export turnover for computing deduction u/s 10B of the IT Act. The Tribunal also affirmed that the expenses reduced from the export turnover should be deducted from the total turnover for computing eligible profit for deduction u/s 10A of the IT Act.

Issue 2: Adjustment of outward freight charges
The CIT(A) held that for computing deduction u/s 10B, an adjustment must be made to the export turnover due to expenditure related to the delivery of goods outside India. The Tribunal agreed with this decision, stating that outward freight charges should be reduced from the export turnover. Additionally, the Tribunal clarified that the expenses reduced from the export turnover should also be deducted from the total turnover for determining the eligible profit for deduction u/s 10A of the IT Act.

Issue 3: Penalty proceedings u/s 271(1)(c) of the IT Act
The CIT(A) erred in not holding that there was no basis for the DCIT to initiate penalty proceedings u/s 271(1)(c) of the IT Act. However, the Tribunal did not provide detailed reasoning on this issue in the judgment.

In conclusion, the Tribunal partly allowed the appeal filed by the assessee based on the above considerations.