2020 (9) TMI 334 - HC - Income Tax

Deduction u/s 10A - Tribunal directed not to set off carry forward business losses of STPI unit and current year loss of non STPI unit against the profits of the business before allowing deduction - HELD THAT - Substantial question of law No.1 in both the appeals is covered by a decision of this Court in 'YOKOGAWA INDIA LTD. Vs. CIT AND ORS.' 2011 (8) TMI 845 - KARNATAKA HIGH COURT affirmed by the Supreme Court in 'CIT AND ORS. Vs. YOKOGAWA INDIA LTD.' 2016 (12) TMI 881 - SUPREME COURT . Whether Tribunal was justified in law in holding that the reimbursement of expenditure towards telecommunication expenses and foreign travel expenses incurred in foreign currency are to be excluded from total turnover as well as for computation of deduction under Section 10A ? - Second substantial question of law in both the appeals is also covered by a decision of this Court rendered in 'COMMISSIONER OF INCOME-TAX Vs. TATA ELXI LTD.' 2011 (8) TMI 782 - KARNATAKA HIGH COURT and the aforesaid view has been affirmed by the Supreme Court in 'COMMISSIONER OF INCOME-TAX, CENTRAL-III Vs. HCL TECHNOLOGIES LTD.' 2018 (5) TMI 357 - SUPREME COURT . Substantial questions of law framed in these appeals are answered against the revenue and in favour of the assessee.

Summary

Issues:
1. Interpretation of provisions related to setting off business losses against profits for deduction under Section 10A of the Income Tax Act.
2. Exclusion of certain expenses from total turnover for computation of deduction under Section 10A.
3. Applicability of previous court judgments on the computation of deduction under Section 10A.

Analysis:
1. The first issue pertains to the Tribunal's direction regarding the setting off of carry forward business losses against profits before allowing deduction under Section 10A of the Income Tax Act. The Tribunal had directed the assessing authority not to set off losses of a specific unit against profits. The Court considered the precedent set by the Supreme Court in the case of 'YOKOGAWA INDIA LTD. Vs. CIT AND ORS.' where a similar issue was addressed. The Court upheld the Tribunal's decision, citing the Supreme Court's affirmation of the same in 'CIT AND ORS. Vs. YOKOGAWA INDIA LTD.' The judgment was delivered against the revenue and in favor of the assessee, resulting in the dismissal of the appeals.

2. The second issue revolves around the exclusion of certain expenses from total turnover for the computation of deduction under Section 10A. Specifically, the expenses related to telecommunication and foreign travel were in question. The Tribunal had excluded these expenses from the total turnover and deduction computation under Section 10A. The Court referred to the decision in 'COMMISSIONER OF INCOME-TAX Vs. TATA ELXI LTD.' and the subsequent affirmation by the Supreme Court in 'COMMISSIONER OF INCOME-TAX, CENTRAL-III Vs. HCL TECHNOLOGIES LTD.' The Court aligned with the previous judgments and ruled against the revenue, supporting the exclusion of these expenses from the turnover calculation for Section 10A deduction.

3. The final issue concerns the correctness of the Tribunal's computation of deduction under Section 10A based on previous court judgments. The Tribunal had followed judgments in the cases of 'CIT Vs. Tata Elxsi Ltd.' and 'CIT Vs. Yokogawa India Ltd.' The revenue contested the applicability of these judgments as they were not finalized and pending before the Supreme Court. However, the Court, considering the settled law by the Supreme Court, upheld the Tribunal's approach and dismissed the appeals, favoring the assessee.