2018 (7) TMI 2322 - HC - Income Tax

Court reduces telecom charges from export turnover for tax deductions under Income Tax Act; dismisses appeal, emphasizing substantial question requirement.

THE COMMISSIONER OF INCOME-TAX, THE INCOME-TAX OFFICER Versus M/s INTEGRAL INDIA SOFTWARE DEVELOPMENT CENTRE PVT. LTD

The court ruled that telecommunication charges abroad should be reduced from export and total turnover when calculating deductions under section 10A of ... Deduction u/s 10A - Whether telecommunication charges and expenses incurred abroad are required to be reduced from the export turnover as well as total turnover also? - HELD THAT:- The controversy is no longer res integra and is covered by the decision of M/s.Tata Elxsi Ltd [2015 (10) TMI 634 - KARNATAKA HIGH COURT] which has been affirmed by the Hon’ble Supreme Court in the case of Commissioner of Income-tax, Central – III vs. HCL Technologies Ltd [2018 (5) TMI 357 - SUPREME COURT] when the object of the formula is to arrive at the profit from export business, expenses excluded from export turnover have to be excluded from total turnover also. Otherwise, any other interpretation makes the formula unworkable and absurd. Computation made by the Transfer Pricing Officer - The controversy involved herein is no more res integra in view of the decision of this Court in M/s Softbrands India Pvt. Ltd. [2018 (6) TMI 1327 - KARNATAKA HIGH COURT] wherein it has been observed that unless the finding of the Tribunal is found ex facie perverse, the Appeal u/s. 260-A of the Act, is not maintainable Issues involved:1. Whether telecommunication charges and expenses incurred abroad should be reduced from the export turnover and total turnover when computing the deduction u/s 10A of the Income Tax ActRs.2. Whether the Dispute Resolution Panel adequately considered the objections raised by the assessee regarding the computation made by the Transfer Pricing OfficerRs.3. Whether the Tribunal was correct in directing the Dispute Resolution Panel to consider the case of another company that was the subject matter of appeal before the courtRs.Analysis:1. The first issue revolves around the deduction of expenditure incurred for 'Export Turn Over' and whether it should also be deducted from 'Total Turn Over' for computing the deduction under section 10A of the Act. The judgment cites the decision of the Division Bench of the Karnataka High Court in a previous case and the subsequent affirmation by the Supreme Court. The court emphasized that expenses excluded from export turnover must also be excluded from total turnover to align with legislative intent and prevent illogical results. The judgment highlights the necessity of deducting such expenses from total turnover to ensure a workable and logical formula for profit calculation in export business.2. The second issue pertains to the consideration of objections raised by the assessee regarding the computation by the Transfer Pricing Officer (TPO) and the Dispute Resolution Panel (DRP). The Tribunal found that the DRP did not judicially deal with the objections raised by the assessee, leading to a remittal of the issue to the assessing authority with directions for the DRP to consider the objections judiciously. The Tribunal stressed the importance of a speaking order from the DRP and referenced similar cases for guidance in resolving the controversy.3. The third issue involves the direction given by the Tribunal to the DRP to consider the case of another company, which was the subject matter of appeal before the court. The judgment mentions a previous decision regarding the maintainability of appeals under section 260-A of the Act, emphasizing the need for substantial questions of law for such appeals. The court dismissed the appeal by the Revenue, stating that no substantial question of law arose for consideration in the present case, following a detailed analysis and reference to relevant legal principles and precedents.Overall, the judgment provides a comprehensive analysis of the issues raised by the Revenue in the appeal, referencing previous decisions, legislative intent, and procedural requirements to arrive at a reasoned conclusion.