2016 (11) TMI 290 - AT - Income Tax

Deduction u/s 10A - call centre - AO submitted that the activities of the assessee were not in the nature of call centre and, therefore, the assessee was not entitled for deduction under section 10A - Held that - From the facts elaborated by the assessee there is no dispute that it is a call Centre engaged in managing accounts receivable and recovery. The calls are made by the Predictive Dialer Software and after the call the inputs of the relevant information obtained from the data of the US Financial Institution is made in real-time system which is transmitted to the customer outside India electronically using the Internet system. In view of the explanation of the assessee, it is evident that customized electronic data is being transmitted outside India electronically. The Assessing Officer has also mentioned that assessee is using Internet lines for telephone calls to its international customer rather than traditional telephone lines. This observation also supports that activities of the assessee are in the nature of call Centre and therefore in our considered opinion, the assessee is entitled for deduction under section 10A of the Act. In prior assessment years, the Assessing Officer has accepted the claim of the assessee and deductions have been allowed. In the year under consideration, there is no change in the business activity of the assessee, thus, in our view, the principle of consistency also demand that this deduction should be allowed to the assessee. Whether if the deduction under section 10A of the Act is allowed to the assessee, then the export turnover for computation of deduction under section 10A should be reduced by the communication and insurance expenses? - Held that - In the case of the assessee, the expenses on communication and insurance have not been incurred in foreign exchange and also not included in the invoices issued to the foreign customer. Apropos the above discussion, since the assessee has not charged the expenses on telecommunication and insurance from its customers, the same are not required to be excluded while computing the export turnover for the purpose of determining deduction u/s 10A of the Act. Once, the telecommunication insurance expenses are not part of export turnover, in our considered opinion, there is no reason for reducing the expenses incurred on communication and insurance from the export turnover for the purpose of computation of deduction under section 10A of the Act. We find that order of the learned Commissioner of Income-tax (Appeals) on the issue in dispute is well reasoned and no interference on our part is required. Accordingly, we uphold the same. - Decided against revenue

Summary

Issues Involved:
1. Eligibility for deduction under section 10A of the Income Tax Act.
2. Exclusion of telecommunication and insurance expenses from export turnover for computation of deduction under section 10A.

Issue-wise Detailed Analysis:

1. Eligibility for Deduction under Section 10A of the Income Tax Act:

The primary issue was whether the assessee was eligible for deduction under section 10A of the IT Act for the assessment years 2008-09 and 2009-10. The Revenue contended that the services rendered by the assessee did not qualify as eligible services for the deduction under section 10A, arguing that the services were merely making telephone calls for debt and mortgage collection, which were not considered as export of computer software.

The assessee, engaged in providing outsourcing services, claimed that their activities fell under the definition of "computer software" as per Explanation-2 to section 10A of the Act, supported by Notification No. SO 890 (E) dated 26/09/2000 issued by the CBDT. The assessee used sophisticated software like Predictive Dialler Software, which automatically dialed numbers and transferred calls to available collectors, thereby involving significant computer software usage.

The Commissioner of Income Tax (Appeals) accepted the assessee's claim, noting that the activities were indeed in the nature of outbound call center activities, which are covered under the definition of computer software. The Tribunal upheld this decision, emphasizing that the assessee's use of sophisticated software and the nature of their services qualified them for the deduction under section 10A. The Tribunal also noted the principle of consistency, as the deduction had been allowed in previous years without any change in business activities.

2. Exclusion of Telecommunication and Insurance Expenses from Export Turnover:

The second issue was whether telecommunication and insurance expenses should be excluded from the export turnover for computing the deduction under section 10A. The Assessing Officer had excluded these expenses from the export turnover, arguing that they were attributable to the delivery of services outside India.

The assessee contended that these expenses were not recovered from the customers and were not included in the invoices issued for services rendered. Therefore, they argued that these expenses should not be excluded from the export turnover. The Tribunal agreed with the assessee, citing various judicial precedents, including decisions from the Hyderabad Tribunal and the Special Bench of the Chennai Tribunal, which held that such expenses should not be excluded from the export turnover if they were not included in the consideration received.

The Tribunal also noted that if such expenses were to be excluded from the export turnover, they should similarly be excluded from the total turnover to maintain consistency in the computation formula. The Tribunal upheld the decision of the Commissioner of Income Tax (Appeals), who had directed to allow the deduction under section 10A without excluding the telecommunication and insurance expenses from the export turnover.

Conclusion:

The Tribunal dismissed the appeals of the Revenue, affirming that the assessee was eligible for the deduction under section 10A and that telecommunication and insurance expenses should not be excluded from the export turnover for the purpose of computing this deduction. The decision emphasized the importance of consistency and the correct interpretation of the terms "export turnover" and "total turnover" in the context of section 10A.