2019 (11) TMI 1383 - SC - Income Tax

Computation of deduction u/s 10B - Foreign currency provided for software development services outside India - HELD THAT - In agreement that M/S MPHASIS LTD. (FORMERLY KNOWN AS MPHASIS BFL LTD.) 2019 (2) TMI 122 - SC ORDER preferred by the Revenue in respect of connected which was disposed of by the very same common Order 2014 (8) TMI 690 - KARNATAKA HIGH COURT having taken note similar grounds raised in the special leave petition. Hence taking note of the fact that in respect of common judgment this Court has already dismissed relating to the Assessment Year 2004-2005 and in the present case except that issue relates to AY 2003-2004 all other aspects are on the very same point we are not inclined to entertain the instant petition. Special leave petition shall stand dismissed.

Summary

Issues:
1. Assailing judgment of High Court of Karnataka at Bangalore in I.T.A. No.1075 of 2008.
2. Dismissal of SLP(C)No.2373/2015 by the Supreme Court.
3. Dismissal of special leave petition by the Supreme Court.

Analysis:
1. The Supreme Court addressed the issue of the petitioner-Revenue challenging the judgment dated 01.08.2014 passed by the High Court of Karnataka at Bangalore in I.T.A. No.1075 of 2008. The Court noted that a similar matter concerning Assessment Year 2004-2005 had already been dismissed by the Court on 28.01.2019. Given the similarity in grounds raised in the special leave petition, the Court declined to entertain the instant petition related to Assessment Year 2003-2004, as all other aspects were on the same point as the previously dismissed case. Consequently, the Supreme Court dismissed the special leave petition filed by the petitioner-Revenue.

2. The Court highlighted that the Revenue's SLP(C)No.2373/2015, related to connected ITA NO.196 of 2009, was dismissed on 28.01.2019 by the Supreme Court. The Court acknowledged that the grounds raised in the special leave petition were similar to those in the previously dismissed case concerning Assessment Year 2004-2005. As a result, the Court found no basis to entertain the instant petition, leading to the dismissal of the special leave petition.

3. In conclusion, the Supreme Court decided to dismiss the instant petition filed by the petitioner-Revenue, as it involved similar grounds to a previously dismissed case. The Court's decision was based on the dismissal of SLP(C)No.2373/2015 related to Assessment Year 2004-2005, emphasizing the commonality in issues raised. The Court also disposed of any pending applications related to the matter in question.