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2014 (7) TMI 1249 - HC - Income TaxTPA - Rejection of comparable - Tribunal rejecting Companies on the ground of exceptionally large scale of operations and functional difference and failing the RPT filter being more than 15% - Held that:- Tribunal followed the decision of a Co-ordinate Bench in M/s.Intoto Software India (P) Limited (2013 (10) TMI 599 - ITAT HYDERABAD). Learned Standing Counsel for the Revenue fairly states that the above order of the Tribunal has been confirmed by this Court. The issue therefore needs no further reconsideration communication expenses should be excluded both from export turnover as well as total turnover for the purpose of computing deduction under Section 10A - Held that:- Tribunal merely followed the decision of the Karnataka High Court in CIT. v. Tata Elxsi Limited (2011 (8) TMI 782 - KARNATAKA HIGH COURT) which was also followed by the Tribunal in ITO v. Sak Soft Limited (2009 (3) TMI 243 - ITAT MADRAS-D). Though the learned Standing Counsel states that an appeal has been preferred against the decision of the Karnataka High Court, it holds good till set aside. We are not persuaded to disagree with the reasoning of the Karnataka High Court in the above decision. Np question of law.
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