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2016 (3) TMI 596 - KARNATAKA HIGH COURT

2016 (3) TMI 596 - KARNATAKA HIGH COURT - TMI - Computing deduction u/s.10A - Interpretation of Total Turnover & Export Turnover under 10A - Held that:- Any expenditure which is excluded from the export turnover will have to be excluded from the total turnover as well for computing deduction u/s.10A of the Act. See CIT vs. Tata Elxsi Ltd [2011 (8) TMI 782 - KARNATAKA HIGH COURT ] - ITA No. 549/2015 - Dated:- 1-3-2016 - MR. JAYANT PATEL AND B.V. NAGARATHNA, JJ For the Petitioner : Sri E.I. Sanmat .....

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e at export turnover only as per the definitions given in Sec.10A of the IT Act and total turnover has not been defined in the Section and by following the judgment of this Hon ble Court in the case of CIT vs. Tata Elxsi Ltd., which has not become final since the same has not been accepted by the Department and SLPs filed by the revenue on this issue are pending before the Hon ble Supreme Court? 2. We have heard Mr.E.I.Sanmathi, learned Counsel appearing for the appellants-Revenue. 3. We may rec .....

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he decision of the Hon ble Karnataka High Court in the case of CIT Vs Tata Elxsi Ltd (2012) 349 ITR 98 (Kar.), which has not become final since the department has not accepted the same and has filed SLP s before the Hon ble Apex Court which are pending. 5.2 We have heard both the learned AR and the learned DR in the matter. Taking into consideration the decision rendered by the Hon ble High Court of Karnataka in the case of Tata Elxsi Ltd. (Supra), we are of the view that the learned CIT(A) s ac .....

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