2015 (9) TMI 169 - AT - Income Tax

Telecommunication expenses, insurance charges, personnel expenses, professional expenses, branch office expenses and other expenses incurred in foreign exchange - whether should not be excluded from the export turnover for the purpose of computing deduction under section 10B - Held that - Respectfully following the judgment of the jurisdictional High Court in the case of Motor Industries Co. Ltd. (2015 (7) TMI 876 - KARNATAKA HIGH COURT) to which both of us are signatories, we direct the AO not to exclude the expenditure incurred in foreign currency towards travelling and also salary of the employees of the assessee deployed abroad for development of, testing, installation and monitoring of software outside India, after verification of the exact nature of expenditure while computing deduction u/s 10A of the Act. - Decided in favour of assessee.

Summary

Issues:
- Whether certain expenses incurred in foreign exchange should be excluded from the export turnover for computing deduction under section 10B of the Income Tax Act, 1961.

Analysis:
The judgment involves a case where the Hon'ble High Court remanded an issue to the Tribunal for re-consideration regarding the exclusion of certain expenses from the export turnover for computing deduction under section 10B of the Income Tax Act, 1961. The assessee claimed that expenses like telecommunication, insurance, personnel, professional, and branch office expenses incurred in foreign exchange should not be excluded from the export turnover. The Tribunal accepted the alternative plea that if such expenses were to be excluded from the export turnover, they should also be excluded from the total turnover. The Tribunal referred to previous judgments and held that expenses incurred in foreign exchange for providing software development services outside India should not be excluded from the export turnover. The Tribunal relied on various cases, including the decision of the Hon'ble High Court in the case of Motor Industries Co. Ltd., to support its decision.

In the case of the assessee for the assessment year 2006-07, the Assessing Officer had excluded certain expenses incurred in foreign exchange from the export turnover while computing deduction under section 10A of the Act. The Tribunal directed the Assessing Officer not to exclude expenses incurred in foreign currency towards traveling and salary of employees deployed abroad for software development, testing, installation, and monitoring from the export turnover. This decision was also applied to the assessment year 2008-09. The Tribunal emphasized the need for verification of the exact nature of expenditure by the Assessing Officer.

Regarding the revenue's appeal for the assessment year 2004-05, the Tribunal upheld the direction of the CIT(A) to exclude expenses incurred in foreign currency from the export turnover for the purpose of computing deduction under section 10A of the Act, following the decision of the jurisdictional High Court. The Tribunal rejected the revenue's grounds against this direction, noting that the Revenue's Special Leave Petition before the Supreme Court was pending.

In conclusion, the Tribunal allowed the assessee's appeals for the assessment years 2006-07 and 2008-09 for statistical purposes, dismissed the Revenue's appeal for the assessment year 2004-05, and allowed the cross-objection of the assessee for the same assessment year. The Tribunal's decision was based on the interpretation of relevant provisions and previous judicial pronouncements, ensuring that expenses incurred in foreign exchange were not unjustly excluded from the export turnover for computing deductions under the Income Tax Act.