2016 (9) TMI 908 - HC - Income Tax

Section 10A deduction computation - Held that - ITAT is justified in law in allowing the appeal of the respondent by directing the Assessing Officer to exclude reimbursement of certain expenditure incurred in foreign currency, both from the Export Turnover and Total Turnover. See Commissioner of Income Tax And Another Vs. Tata Elxsi Ltd 2011 (8) TMI 782 - KARNATAKA HIGH COURT

Summary

Issues:
1. Whether the ITAT was justified in allowing the appeal to exclude certain expenditure from Export Turnover and Total Turnover?
2. Whether the ITAT was legally correct in directing the exclusion of expenses from the total turnover under Section 10A of the Act?

Analysis:

Issue 1:
The appellant-Revenue raised the question of law regarding the exclusion of reimbursement of certain expenditure incurred in foreign currency from the Export Turnover and Total Turnover. The ITAT directed the Assessing Officer to exclude such expenditure from both turnovers. The appellant argued that the statute allows exclusion only from Export Turnover, not Total Turnover. The Tribunal relied on a previous decision of the Court in the case of Commissioner of Income Tax vs. Tata Elxsi Ltd., where a similar issue was addressed. The appellant conceded that the matter is covered by the previous decision, which implies that no substantial questions of law arise for consideration.

Issue 2:
The second issue pertains to the absence of a specific provision in Section 10A of the Act warranting exclusion of expenses from the total turnover. The ITAT's order directed the Assessing Officer to exclude the expenses from the total turnover. The Court noted that the matter is already covered by the decision in the case of Tata Elxsi Ltd., and therefore, no substantial questions of law would arise for consideration. The Court mentioned that if the Apex Court takes a different view, the Revenue may initiate proceedings accordingly. Consequently, the Court dismissed the appeal, subject to the observation that the matter is already addressed by the previous decision.

In conclusion, the High Court of Karnataka dismissed the appeal by the appellant-Revenue, as the issues raised were deemed to be covered by a previous decision of the Court. The judgment highlighted the importance of precedent and indicated that no substantial questions of law required further consideration in this case.