TaxTMI 
TaxTMI 
2018 (7) TMI 474
X X X X Extracts X X X X
X X X X Extracts X X X X
....dia Pvt. Ltd., vs. Dy.Commissioner of Income Tax) for A.Y.2009-10. 2. The proposed substantial questions of law framed in the Memorandum of appeal by the Appellants-Revenue are quoted below for ready reference:- "(1) Whether on the facts and in the circumstances of the case, the Tribunal was right in directing the assessing authority to recomputed the deduction under section 10-A by including the telecom expenses and traveling expenses incurred in foreign currency for providing technical services outside India in export turnover as well as from total turnover by relying upon the decision of this Hon'ble Court in the case of CIT vs. Tata Elaxy even though the said decision has not reached finality and no such computation is provi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....for the purpose of computing the deduction u/s.10A of the Act, the controversy is no longer res integra and is covered by the decision of the Division Bench of this Court in the case of M/s.Tata Elxsi Ltd., vs. Asst.Commissioner of Income Tax, decided on 20.10.2015 since reported in (2015) 127 DTR 0327 (Kar), 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] 93 Taxmann.com 33(SC). The relevant portion of the judgment of the Hon'ble Supreme Court in the case of HCL Technologies Ltd. (supra), is quoted below for ready reference:- "17. The similar nature of controversy, akin this case, arose before the Karnata....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... from export turnover have to be excluded from total turnover also. Otherwise, any other interpretation makes the formula unworkable and absurd. Hence, we are satisfied that such deduction shall be allowed from the total turnover in same proportion as well". 4. The learned Tribunal, after discussing the rival contentions of both the Appellants-Revenue and the Respondent-assessee, has given the following findings against Revenue with regard to various issues raised before it with regard to 'Transfer Pricing' and 'Transfer Pricing Adjustments' made by the concerned authorities below. We consider it appropriate to quote from the order of Tribunal rejecting the Application seeking a review before Tribunal as hereunder:- Regarding su....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... M/s.Eclerx Services Ltd., Thus it is clear from the finding of the Tribunal that the functional comparability of this company has been examined by the Special Bench in the case of Maersk Global Services reported in 147 ITD 83 and it was found that this company is mainly engaged in providing high end services involving specialized knowledge and automation expertise in the field and therefore the same cannot be compared with a low end service provider company. Regarding substantial question of law No. 3 - M/s.Tata Elxsi Ltd., We find that the facts recorded and considered by the Tribunal are emerging from the Annual Report of this company and therefore this company cannot be considered as functionall....
X X X X Extracts X X X X
X X X X Extracts X X X X
.....537/2015 delivered on 25.06.2018 (Prl.Commissioner of Income Tax & Anr. Vs. M/s.Softbrands India Pvt. Ltd.,) has held that in these type of findings of the learned Tribunal remained final fact findings of the learned Tribunal and are binding on the lower authorities of the Department as well as this Court and unless an established ex-facie perversity is found in the findings of the learned Tribunal, the appeal u/s.260A of the Act is not maintainable. We do not find any such perversity in the aforesaid findings. 6. The relevant portion of the aforesaid judgment is quoted below for ready reference:- Conclusion: 55. A substantial quantum of international trade and transactions depends upon the fair and quick judicial disp....