TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Delhi High Court allows correction in income tax appeal, upholds ITAT decision on deductions</h1> <h3>PR. Commissioner of Income Tax Versus E-Funds International India Pvt. Ltd.</h3> PR. Commissioner of Income Tax Versus E-Funds International India Pvt. Ltd. - [2015] 379 ITR 292 (Del) Issues:1. Condonation of delay in re-filing the appeals.2. Incorrect cause title in the memorandum of appeal.3. Eligibility of the Assessee for exemptions under Section 10A and deduction under Section 80HHE of the Income Tax Act, 1961.Issue 1 - Condonation of delay:The High Court of Delhi condoned the delay in re-filing the appeals, as stated in the applications, and disposed of the respective applications.Issue 2 - Incorrect cause title:The cause title in the memorandum of appeal was noted to be incorrect by the Revenue's counsel, and it was directed to be corrected to read as 'Pr. Commissioner of Income Tax versus E-Funds International India Private Limited' for both appeals.Issue 3 - Eligibility for exemptions and deductions:The Assessee, engaged in software services, claimed exemption under Section 10A for the Software Development Centre in Chennai and deduction under Section 80HHE for the Shared Service Centre in Gurgaon. The Assessing Officer disallowed the exemption under Section 10A due to losses at the Chennai unit and questioned the deduction under Section 80HHE for Gurgaon unit. The Assessee filed a revised computation, correcting errors in revenue classification and claimed deductions. The AO rejected the revised computation, citing failure to file a revised return within the stipulated time. The CIT (A) upheld the AO's decision. However, the ITAT allowed the Assessee's plea, noting corrections in the computation without making new claims. The High Court, citing various decisions, held that corrections in the computation did not require a revised return if no new claims were made, and directed the AO to compute deductions accordingly. The Court declined to frame questions on the deduction under Section 10A and entitlement to deductions under Section 80HHE, upholding the ITAT's decision and dismissing the appeals.In conclusion, the High Court of Delhi addressed the issues of delay condonation, cause title correction, and the Assessee's eligibility for exemptions and deductions under the Income Tax Act, providing a detailed analysis and citing relevant legal precedents to support its decision.
TaxTMI 