2023 (1) TMI 224

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....(TP)A No.102/Bang/2013 and IT(TP)A No.233/Bang/2013, both dated 10.11.2017. 2. At the outset, Shri. K.V. Aravind, learned Senior Standing Counsel for the Revenue submitted that though five questions out of six raised by the Revenue have been admitted, this Court may consider all six questions in ITA No.348/2018, which will cover all the questions of law raised in ITA No.349/2018. They read as follows: 1. Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in allowing claim of assessee that income derived from rental income from Infosys BPO Ltd and BSNL Chennai Ltd as profits derived under Section 10A of the Income Tax Act, 1961? 2. Whether on the facts and in the circumstances of ....

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.... Wipro Ltd. Vs. Deputy Commissioner of Income-tax, Central Circle 1(3), Bangalore [2015] 62 taxmann.com 26 (Karnataka). Question No.4 is covered by the decision in Commissioner of Income-tax, Central-III Vs. HCL Technologies Ltd. [2018] 93 taxmann.com 33 (SC) Question No.5 is covered by the decision in Commissioner of Income-tax Vs. M/s. M. Pact Technology Services Pvt. Ltd. ITA No.228/2013 decided on 11.07.2018. Thus, the only question which remains for consideration is question No.1. 4. Shri. Aravind does not dispute the submission of Shri. Suryanarayana. Thus, the following question remains for consideration in these two appeals: 1. Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in....

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....es not fall within the definition of 'turnover' and does not become eligible for deduction under Section 10A of the IT Act. In support of his contention, he placed reliance on Commissioner of Income-tax-VII, New Delhi Vs. Punjab Stainless Steel Industries [2014] 46 taxmann.com 68 (SC) and Commissioner of Income-tax Vs. Sasken Communication Technologies Ltd. [2014] 50 taxmann.com 134 (Karnataka). 7. Shri. Suryanarayana, opposing the appeal, relied upon the full Bench decision of this Court in Commissioner of Income-tax Vs. Hewlett Packard Global Soft Ltd. [2017] 87 taxmann.com 182 (Karnataka) (FB), and submitted that once a unit is situated in an STPI, it becomes eligible under Section 10A of the IT Act. In the case of Hewlett Pac....