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2017 (2) TMI 1385 - AT - Income TaxMethod of computing the exemption u/s 10-A - whether the expenses excluded from the export turnover are also to be excluded from the total turnover for the purpose of Section 10-A - Held that - As decided in COMMISSIONER OF INCOME TAX v. TATA ELXSI LTD 2011 (8) TMI 782 - KARNATAKA HIGH COURT there should be uniformity in the ingredients of both the numerator and the denominator of the formula Section 10-A is a beneficial section. It is intended to provide incentives to promote exports. The components of the export turnover in the numerator and the denominator cannot be different. - Decided against revenue
Issues:
1. Appeal against CIT(A) order 2. Allowance of deduction U/s. 10A 3. Consistency with jurisdictional High Court judgment Issue 1: Appeal against CIT(A) order The appeal was filed by the revenue against the order of the CIT(A). The revenue contended that the CIT(A) order was against the law and facts of the case. However, during the hearing, it was noted that the CIT(A) had based the decision on the judgment of the Hon'ble jurisdictional High Court in a specific case. The Supreme Court had dismissed the Special Leave Petition (SLP) filed by the department against this judgment. Consequently, the ITAT found no fault with the CIT(A) order and rejected the grounds raised by the revenue. Issue 2: Allowance of deduction U/s. 10A One of the grounds of appeal was related to the allowance of relief concerning deduction under Section 10A. The CIT(A) had relied on the judgment of the Hon'ble Karnataka High Court in the case of M/s. Tata Elxsi Ltd. The revenue had not accepted this order and had filed an appeal before the Supreme Court. However, since the Supreme Court had dismissed the SLP, the ITAT upheld the CIT(A)'s decision, stating it was consistent with the jurisdictional High Court judgment. Issue 3: Consistency with jurisdictional High Court judgment The core issue revolved around the consistency of the CIT(A)'s decision with the judgment of the jurisdictional High Court. The ITAT noted that the CIT(A) had correctly adjudicated the matter in line with the judgment of the Hon'ble jurisdictional High Court in the case of CIT vs. Tata Elxsi Ltd. The ITAT found the CIT(A)'s decision to be in harmony with the High Court's ruling and therefore dismissed the revenue's appeal. In conclusion, the Appellate Tribunal ITAT Bangalore dismissed the revenue's appeal against the CIT(A) order, upholding the allowance of deduction U/s. 10A based on the jurisdictional High Court judgment. The ITAT's decision was rooted in the consistency of the CIT(A)'s findings with the High Court's ruling, leading to the rejection of the revenue's contentions.
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