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TMI Blog2021 (3) TMI 1133X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court in M/S. SRA SYSTEMS LTD.[ 2021 (3) TMI 977 - MADRAS HIGH COURT] - Decided in favour of the assessee - T.C.A.No. 348 of 2013 - - - Dated:- 8-3-2021 - Hon'ble Mr. Justice M.Duraiswamy And Hon'ble Mrs.Justice T.V.Thamilselvi For the Appellant : Mr.J.Narayanasamy, Senior Standing Counsel For the Respondent : Mr. R. Sivaraman JUDGMENT M. DURAISWAMY, J. Challenging the order passed in I.T.A.No.2150/Mds/2010 in respect of the Assessment Year 2006-07 on the file of the Income Tax Appellate Tribunal, Chennai, A Bench (for brevity, the Tribunal), the Revenue has filed the above appeal. 2. The above appeal was admitted on the following substantial questions of law: (i) Whether under the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Technologies Ltd.], an un-reported judgment of the Division Bench of this Court dated 10.01.2019 made in T.C.A.Nos.1257 1258 of 2009 [Commissioner of Income Tax, Chennai Vs. M/s.Sak Soft Ltd.] and the Question of Law no.2 is covered by the decision of this Bench dated 19.01.2021 made in T.C.A.Nos.1470 to 1472 of 2010 [Commissioner of Income Tax, Chennai Vs. M/s.S.R.A. Systems Ltd., No.100, Valluvar Kottam High Road, Nungambakkam, Chennai] and the Question of law no.3 is covered by the decision of the Division Bench of this Court dated 18.03.2020 made in T.C.A.No.228 of 2011 [M/s.Comstar Automative Technologies Private Ltd., (formerly known as Visteon Powertrain Control Systems India Private Limited, Keelakaranai V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulation would be futile. Hence, in the same way, expenses incurred in foreign exchange for providing the technical services outside shall be allowed to exclude from the total turnover. (ii)Following the ratio laid down by the Hon'ble Supreme Court, the Division Bench of this Court, by order dated 10.01.2019 in T.C.A.Nos.1257 1258 of 2009 [Commissioner of Income Tax, Chennai Vs. M/s.Sak Soft Ltd.] decided the Question of law against the Revenue and in favour of the assessee. (iii)Un-reported judgment of this Bench dated 19.01.2021 dated T.C.A.Nos.1470 to 1472 of 2010 [Commissioner of Income Tax, Chennai Vs. M/s.S.R.A. Systems Ltd., No.100, Valluvar Kottam High Road, Nungambakkam, Chennai] , this Bench held as foll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eligible business is not formed by transfer to a new business of plant and machinery previously used for any purpose. The Assessing Officer found that the assessee had not complied with both these conditions, hence, it was not entitled to any deduction under Section 10B. 6.For the Assessment Year 2002-03, in the case of the assessee Company itself, the Income Tax Appellate Tribunal C Bench, Chennai had dealt with the applicability of Clauses (ii) and (iii) of Section 10A(2) in its order dated 16.05.2008 in I.T.A.No.2255/Mds/06. The Tribunal, after taking into consideration the decision of Apex Court reported in 107 ITR 195 [Textile Machinery Corporation Limited Vs. CIT] held as follows: ... this is not a case of setting up of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 263 itself has been set aside, the cause of action for re-assessment does not survive. (iv)Un-reported judgment of a Division Bench of this Court dated 18.03.2020 made in T.C.A.No.228 of 2011 [M/s.Comstar Automative Technologies Private Ltd., (formerly known as Visteon Powertrain Control Systems India Private Limited, Keelakaranai Village, Malrosapuram Post, Maraimalai Nagar, Chengalpattu District- 603 204 Vs. The Deputy Commissioner of Income Tax, Company Circle I (3), 121, Nungambakkam High Road, Chennai 600 034] , the Division Bench held as follows: ... 27.Therefore the law has been settled by the said decision of the Hon'ble Apex Court, where in clear terms, it has been held that, the deductions either under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the appellant fairly submitted that the issues involved in the present appeal are covered by the decision relied upon by the learned counsel for the respondent. 7.In view of the submissions made by the learned counsel on either side, we are convinced that the Questions of Law involved in the present appeal are covered by the decisions relied upon by the learned counsel for the respondent, cited supra. Following the decisions of the Hon'ble Supreme Court and the decisions of this Court, the Questions of Law are decided against the Revenue and in favour of the assessee. The appeal is liable to be dismissed. Accordingly, the Tax Case Appeal is dismissed. No costs. 4. Mr.R.Sivaraman, learned counsel appearing for the respondent- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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