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Issues involved: Adjudication of grounds related to reduction of communication and insurance expenses from export turnover for computation under section 10A of the Act.
Summary: The Appellate Tribunal ITAT DELHI, comprising SHRI I.P. BANSAL, JUDICIAL MEMBER, and SHRI B.C. MEENA, ACCOUNTANT MEMBER, addressed a Miscellaneous Application filed by the assessee. The applicant contended that certain grounds were not adjudicated upon in the order dated 5th March, 2011 in ITA No.6082/Del/2010. Specifically, the issues pertained to the reduction of communication and insurance expenses from the export turnover for computation under clause (iv) of Explanation 2 of section 10A of the Act. The applicant argued that the assessing officer erred in making adjustments without considering the proportion attributable to export activities. After hearing both parties, the Tribunal found merit in the applicant's claim and allowed the Miscellaneous Application for the limited purpose of adjudicating the aforementioned grounds. The Tribunal acknowledged the oversight in not addressing the specific grounds raised by the assessee regarding the reduction of communication and insurance expenses from the export turnover for computation under section 10A of the Act. The applicant had raised concerns about the methodology used by the assessing officer, highlighting the attribution of expenses related to the export of software outside India. The Tribunal, upon review, concluded that the grounds in question had indeed not been adequately considered and therefore granted permission for their adjudication through the allowed Miscellaneous Application. In the final decision pronounced on 6th January, 2012, the Tribunal upheld the allowance of the Miscellaneous Application filed by the assessee. This ruling signifies a corrective measure taken to ensure the proper adjudication of the grounds related to the computation of deduction under section 10A of the Act, specifically concerning the adjustment of communication and insurance expenses from the export turnover. The Tribunal's decision aimed to rectify the oversight and provide a fair consideration of the issues raised by the applicant for a more accurate determination in accordance with the provisions of the Act.
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