2014 (6) TMI 171 - AT - Income Tax

Exemption u/s 10A - Relief of exclusion of communication charges from total turnover Held that - There was no infirmity in the order of the DRP Following CIT vs. Gem Plus Jewellery 2010 (6) TMI 65 - BOMBAY HIGH COURT - communication charges attributable directly to the export of article or thing outside India has to be excluded both from export turnover as well as total turnover while computing exemption u/s 10A of the Act thus, the order of the DRP is upheld Decided against Revenue.

Summary

Issues:
- Interpretation of provisions under section 10A of the Income Tax Act regarding exclusion of communication charges from total turnover for claiming exemption.

Analysis:
1. Issue of Exclusion of Communication Charges from Turnover:
- The appeal was filed by the department against the order of the Assessing Officer, directed by the Dispute Resolution Panel (DRP), regarding the exclusion of communication charges from turnover for the assessment year 2009-10.
- The Assessing Officer initially excluded an amount from the export turnover for internet and web expenses based on section 10A of the Act. The DRP directed the Assessing Officer to reduce telecommunication expenses from both export turnover and total turnover for computing deduction under section 10A.
- The DRP's decision was based on judicial precedents, including the ITAT Hyderabad case of ITO vs. DE Block Indian Software Pvt. Ltd., which held that communication expenses should be excluded from both export turnover and total turnover for computing eligible profits under section 10A.
- The Tribunal upheld the DRP's decision, citing the Bombay High Court case of CIT vs. Gem Plus Jewellery and ITAT Chennai Bench (SB) case of ITO vs. Sak Soft, which supported the exclusion of communication charges directly related to exports from both turnovers for claiming exemption under section 10A.
- The Tribunal found no infirmity in the DRP's order and dismissed the department's appeal, upholding the exclusion of communication charges from turnover as per the provisions of section 10A.

2. Ex Parte Decision and Conclusion:
- Despite the absence of the assessee during the appeal hearing, the Tribunal proceeded to decide the case based on the arguments presented by the learned DR.
- The Tribunal concluded that the DRP's decision aligns with established legal principles and precedents, emphasizing the necessity to exclude communication charges from both export turnover and total turnover for computing the deduction under section 10A.
- Ultimately, the department's appeal was dismissed, and the Tribunal pronounced its decision on 16-5-2014.

This detailed analysis of the judgment highlights the key issue of interpreting section 10A of the Income Tax Act concerning the exclusion of communication charges from turnover for claiming exemptions, emphasizing the significance of judicial precedents and legal principles in determining the outcome of the case.