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2016 (2) TMI 1316 - AT - Income TaxComputation of deduction u/s 10B - e xclusion of expenses incurred in foreign exchange and telecommunication expenditure incurred in Indian currency from export turnover - HELD THAT - Following the decision of Special Bench of Chennai Tribunal in the case of ITO Vs. Sak Soft Ltd 2009 (3) TMI 243 - ITAT MADRAS-D CIT(A) directed the AO to reduce such expenses from both the export turnover and total turnover. Disallowance of expenditure attributable for earning exempt income u/s.14A - CIT(A) directed the AO to disallow 5% of exempt income as the expenses attributable for earning exempt income in so far - HELD THAT - CIT(A) estimated the expenditure at 5% of gross exempt income as the expenditure attributable to earning exempt income for assessment year 2005-06 and we find that this is quite reasonable - in the order of the Ld. CIT(A) in confirming he disallowance made u/s.14A r.w Rule 8D(2)(iii) of Income Tax Rules. Expenditure incurred in foreign exchange which has been specifically excluded from export turnover would also not form part of total turnover for the purpose of sec.10B.
Issues:
1. Exclusion of expenses incurred in foreign exchange and telecommunication expenditure from export turnover. 2. Disallowance of expenditure attributable for earning exempt income under section 14A of the Act. 3. Disallowance of expenditure incurred on current repairs. 4. Disallowance of software expenses. 5. Treatment of expenditure incurred in foreign exchange for total turnover calculation. Issue 1: Exclusion of expenses from export turnover The appeal involved cross appeals filed by the assessee and the Revenue against different orders of CIT(A)-1, Chennai for the assessment years 2005-06 and 2009-10. The primary contention was the exclusion of expenses incurred in foreign exchange and telecommunication expenditure from export turnover. The assessee argued for the exclusion based on previous Tribunal decisions and the principle of parity. The Tribunal upheld the exclusion of these expenses from both export turnover and total turnover, citing the decision in the case of ITO Vs. Sak Soft Ltd. The Tribunal found the argument regarding the exclusion of telecommunication expenditure from total turnover to be valid, following previous rulings and dismissed the ground raised by the assessee. Issue 2: Disallowance of expenditure for earning exempt income The next issue pertained to the disallowance of expenditure attributable to earning exempt income under section 14A of the Act. The CIT(A) estimated the expenditure at 5% of gross exempt income for the assessment year 2005-06, which was deemed reasonable. For the assessment year 2009-10, the disallowance was computed with reference to Rule 8D of the IT Rules. The Tribunal upheld the disallowance made under Rule 8D(2)(iii) of the Income Tax Rules, citing relevant case law and dismissing the appeal against the disallowance. Issue 3: Disallowance of expenditure on current repairs The issue of disallowance of expenditure incurred on current repairs was raised by the assessee, citing a decision against them by the Coordinate Bench for the assessment year 2008-09. The Tribunal dismissed this ground, following the precedent set by the Coordinate Bench in a previous order. Issue 4: Disallowance of software expenses Similarly, the issue of disallowance of software expenses was brought up by the assessee, with a reference to a decision against them by the Coordinate Bench for the assessment year 2008-09. The Tribunal dismissed this ground, aligning with the previous order of the Coordinate Bench. Issue 5: Treatment of expenditure in foreign exchange for total turnover calculation The final issue in the appeal of the Revenue was whether expenditure incurred in foreign exchange, excluded from export turnover, should also be excluded from total turnover for the purpose of section 10B of the Act. The Tribunal confirmed the order of the CIT(A) in line with the Coordinate Bench decision in the assessee's case, leading to the dismissal of the Revenue's appeal. In conclusion, the Tribunal dismissed the appeal of the Revenue and both appeals of the assessee, upholding various disallowances and exclusions as per the provisions and relevant case law.
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