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2021 (3) TMI 183 - HC - Income TaxDeduction u/s 10B - assessee had utilised the export profits in U.S.A. for the purpose of carrying on export activities and AO held that the said amount had not been received in convertible foreign exchange in India within the prescribed time under section 10B(3) and the said amount could not be treated as part of export turnover for the purpose of computation of deduction under section 10B - AO held that the RBI's Guideline for remittance under the FEMA was not applicable in interpreting the term export turnover as defined in section 10B - HELD THAT - The issue involved in the present appeals had already been decided by this Court in Commissioner of Income Tax-I,Chennai v. M/s.Tata Consultancy Services Ltd., Chennai 2021 (2) TMI 988 - MADRAS HIGH COURT wherein this Bench, following the Judgment M/S MPHASIS LTD. (FORMERLY KNOWN AS MPHASIS BFL LTD.) 2019 (11) TMI 1383 - SUPREME COURT and the Judgment reported in Commissioner of Income-Tax, Bangalore v. Mphasis Ltd 2014 (8) TMI 690 - KARNATAKA HIGH COURT decided the issue in favour of the assessee. Decided in favour of the assessee.
Issues:
1. Interpretation of Section 10B for deduction claims. 2. Disallowance of export proceeds. 3. Disallowance of foreign exchange loss. 4. Treatment of expenditure in foreign exchange. 5. Exclusion of certain expenses from export turnover. 6. Loss on foreign exchange fluctuation. 7. Unrealized onsite development revenue exclusion. Interpretation of Section 10B for deduction claims: The appeals were filed by the Revenue under Section 260A of the Income Tax Act, 1961, challenging the common order made by the Income Tax Appellate Tribunal for the Assessment Year 2004-05. The issue revolved around the interpretation of Section 10B for deduction claims by an assessee company engaged in Software Analysis, Design, and Development. The Assessing Officer disputed the inclusion of certain amounts in the export turnover for computing the deduction under Section 10B, citing non-compliance with prescribed guidelines. The assessee, however, relied on RBI circulars to support their position. The Tribunal had previously decided in favor of the assessee for the assessment year 2003-04. The Revenue challenged the Tribunal's decision in the present appeals. Disallowance of export proceeds and foreign exchange loss: The disputes included the disallowance of export proceeds and foreign exchange loss. The Assessing Officer disallowed a portion of export proceeds and foreign exchange loss, contending that they did not meet the necessary criteria. The assessee referenced RBI circulars and previous decisions under section 80-O to support their claims. The Commissioner of Income Tax (Appeals) had to address these issues, leading to further appeals by the Revenue. Treatment of expenditure in foreign exchange and exclusion of certain expenses: Another issue involved the treatment of expenditure incurred in foreign exchange on the onsite development of computer software. The Tribunal, following a Special Bench decision, ruled in favor of the assessee. Additionally, the exclusion of certain expenses from the export turnover was a point of contention. The Revenue challenged the Tribunal's decisions on these matters. Loss on foreign exchange fluctuation and unrealized onsite development revenue exclusion: The appeals raised questions regarding the treatment of loss on foreign exchange fluctuation and the exclusion of unrealized onsite development revenue from the export turnover. The Income Tax Appellate Tribunal's decisions on these issues were challenged by the Revenue in the appeals. Judgment and Dismissal: During the hearing, the Deputy Official Liquidator argued that the issues in the appeals had already been addressed in previous judgments by the Supreme Court and the High Court. The Court found no contrary judgments supporting the Revenue's position and decided the questions of law in favor of the assessee. Citing previous decisions, the Court dismissed the appeals without costs, affirming the Tribunal's rulings in favor of the assessee.
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