TMI Blog2023 (11) TMI 1238X X X X Extracts X X X X X X X X Extracts X X X X ..... posed questions A and B are concerned, no substantial questions of law arise for our consideration. Foreign Tax Credit - claim was not made in the ITR and never raised before the AO and CIT(A) - whether ITAT was justified in holding that credit for tax paid in a country outside India in relation to the income eligible for deduction u/s 10A of the Act would be available u/s 90(1)(a) of the Act? - HELD THAT:- As perused the lead judgment of the Karnataka High Court in the Wipro Ltd. case [ 2015 (10) TMI 826 - KARNATAKA HIGH COURT] The facts which obtained, therein, are pari materia with the instant appeal. Therefore, according to us, no substantial question of law arises, insofar as proposed questions C , D , and E are concerned. However as i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was properly deductible as revenue expenditure as against capital expenditure held by the Assessing officer? C. Whether on facts and circumstances of the case and also on prevailing law, the Hon'ble ITAT was justified in allowing the Foreign Tax Credit of Rs. 2,20,61,0271- by admitting the additional ground without giving any opportunity to the department? D. Whether on facts and circumstances of the case and also on prevailing law, the Hon'ble ITAT was justified in not appreciating that the claim was not made in the ITR and never raised before the AO and CIT(A)? E. Whether on facts and circumstances of the case and also on prevailing law, the Hon'ble ITAT was justified in holding that credit for tax paid in a country outside In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Wipro Ltd. case. 8. Therefore, according to us, no substantial question of law arises, insofar as proposed questions C , D , and E are concerned. 9. We are, however, informed by the counsel for the respondent/assessee that an appeal has been preferred by the appellant/revenue with the Supreme Court, against the judgment rendered by the Karnataka High Court in the Wipro Ltd. case. 10. We are also informed that the Special Leave Petition i.e., SLP No. 8381/2021, preferred by the appellant/revenue on 25.05.2021, was admitted on 14.12.2021. 10.1 Given this position, it is made clear that insofar as proposed questions C , D , and E are concerned, the appellant/revenue will have the liberty to approach the court for reviving the instant a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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