2017 (3) TMI 1761 - HC - Income Tax

Deduction u/s 10A - Interpretation of Total Turnover Export Turnover - whether expenses reduced from the export turnover has to be reduced from the total turnover also ? - HELD THAT - Matter is already covered by the decision of this Court in the case of CIT v. Tata Elxsi Ltd. 2011 (8) TMI 782 - KARNATAKA HIGH COURT . Hence, the said question would no more remain as a substantial question of law. Disallowing set-off of losses of earlier years before deduction under section 10A - HELD THAT - the matter is covered by the earlier decision of this Court in the case of CIT v. Yokogawa India Ltd. 2011 (8) TMI 845 - Karnataka High Court Further, the matter was carried by the Revenue before the Apex Court against the above referred decision of this Court and the Apex Court vide its order in the case of CIT v. Yokogawa India Ltd. 2016 (12) TMI 881 - SUPREME COURT has disposed of the appeals.

Summary

Issues:
1. Whether the expenses reduced from the export turnover should also be reduced from the total turnover.
2. Whether the set-off of losses of earlier years is allowed before deduction under section 10A of the Act.

Analysis:
1. The first issue raised in the appeal pertains to whether the expenses reduced from the export turnover should also be reduced from the total turnover. The court referred to a previous decision in the case of CIT v. Tata Elxsi Ltd. [2012] 349 ITR 98, where a similar matter was addressed. The court noted that the issue in question has already been settled by the aforementioned decision. Therefore, the court concluded that this question does not remain a substantial question of law.

2. Moving on to the second issue raised in the appeal regarding the allowance of set-off of losses of earlier years before deduction under section 10A of the Act, the court cited a previous decision in the case of CIT v. Yokogawa India Ltd. [2012] 341 ITR 385. It was mentioned that this matter was taken to the Apex Court, which disposed of the appeals in the case of CIT v. Yokogawa India Ltd. [2017] 391 ITR 274. Consequently, the court held that this issue also does not remain a substantial question of law.

In conclusion, considering the precedents set by previous judgments and the resolution of similar issues in the past, the High Court dismissed the appeals on both counts.