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2020 (8) TMI 769 - HC - Income TaxComputation of deduction u/s 10B - Whether expenditure incurred in foreign currency reduced from export turnover has to be reduced from total turnover - Tribunal held that expenditure in foreign exchange reduced from export turnover has to be reduced from total turnover also - brought forward losses and unabsorbed depreciation cannot be set off against the profits for computing deduction under Section 10B - HELD THAT - Revenue fairly submitted that first substantial question of law has been answered against the revenue in 'COMMISSIONER OF INCOME-TAX VS. HCL TECHNOLOGIES LTD.' 2018 (5) TMI 357 - SUPREME COURT whereas the second substantial question of law has also been answered against the revenue by Supreme Court in 'COMMISSIONER OF INCOME-TAX VS. YOKOGAWA INDIA LTD. 2016 (12) TMI 881 - SUPREME COURT Expenditure incurred towards acquisition of software - Whether expenditure incurred towards acquisition of software is only a right to use for a limited period and no property or right of permanent character is being acquired and hence expenditure incurred is capital in nature? - HELD THAT - The expenses are incurred for application of software, the third substantial question of law is also answered against the revenue by a division bench of this court in 'COMMISSIONER OF INCOME-TAX, BANGALORE VS. ROBERT BOSCH INDIA LTD. 2014 (6) TMI 906 - KARNATAKA HIGH COURT
Issues:
1. Computation of deduction under Section 10B of the Income Tax Act. 2. Treatment of expenditure in foreign currency and brought forward losses for deduction under Section 10B. 3. Classification of expenditure on software as capital or revenue. Issue 1: Computation of deduction under Section 10B: The appeal involved the question of whether the expenditure incurred in foreign currency should be reduced from the export turnover or the total turnover for computing deduction under Section 10B of the Income Tax Act. The Tribunal held that the expenditure should be reduced from the total turnover as well. The Commissioner of Income Tax (Appeals) partly allowed the appeal, stating that the expenditure in foreign exchange should be reduced from both export and total turnover. Ultimately, the High Court upheld the Tribunal's decision, citing previous judgments and held that the substantial questions of law were answered against the revenue and in favor of the assessee. Issue 2: Treatment of expenditure in foreign currency and brought forward losses: The Assessing Officer recomputed the deduction claimed under Section 10B by excluding expenditure in foreign exchange from export turnover and by setting off brought forward losses and unabsorbed depreciation. The Commissioner of Income Tax (Appeals) held that the expenditure in foreign exchange should be reduced from both export and total turnover, and brought forward losses cannot be set off while computing the deduction under Section 10B. The Tribunal concurred with these findings. The High Court noted the previous judgments against the revenue and dismissed the appeal, upholding the Tribunal's decision. Issue 3: Classification of expenditure on software: The Tribunal held that the expenditure incurred towards acquiring software was revenue expenditure as it was for a limited period and did not result in acquiring a property or right of permanent character. The High Court examined the findings of the Commissioner of Income Tax (Appeals) and concluded that the software purchased was in the nature of application software, enabling the holder to exercise the right to use the software. Based on this finding, the High Court determined that the substantial questions of law were no longer open for consideration and ruled against the revenue, in line with previous court decisions. In conclusion, the High Court dismissed the appeal, finding no merit in the revenue's arguments and upholding the decisions of the lower authorities based on established legal principles and previous judgments.
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