Ita/319/2015 Of The Commissioner Of Income-Tax v. M/S. Fair Isaac India

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22 DAY OF JANUARY, 2016 PRESENT THR HON'BLE MR. JUSTICE N.K. PATIL ANT) THR HON’BLE MRS. JUSTICE S.SUJATHA| ITA No.319/2015 BETWERE Ll.The Commissioner of Income-tax C R Building Queens Road| Bangalore. iaThe Deputy Commissioner of Income-tax Circle-11(3) Rashtrothana Bhavan. Nrupathunga Road Bangalore-560 OO1. ...Appellants (By Sri. K.V.Aravind, Advocate) AND M/s. Fair Isaac Indiasoitware Pvt.Ltd.,Titanium Building (Ground Floor)No.135, Airport Road, KodihalhBangalore-560 O17.PAN: AAAGE 7670G. .... Responde This Appeal is filed under Section 260-A of Income-tax|Act 1961, to set aside the order passed by the ITAT, Bengaluru in ITA No.334/Bang/2012 dated 31.03.2015confirming the order of the Appellate Commissioner andconfirm the order passed by the Deputy Commissioner ofIncome-tax Circle-11(3), Bengaluru. This appeal coming on for Orders this day,N.K. Patil, J.,delivered the following: JUDGMENT This appeal is by the revenue questioning thecorrectness of the order dated 31.03.2015 passed in ITANo.334/Bang/2012 on the file of the Income TaxAppellate Tribunal, Bangalore confirming the orderpassed by the Appellate Commissioner and confirm theorder passed by the Deputy Commissioner of IncomeTax, Circle — 11/3], Bangalore, to consider the following substantial question of law. “1Whether the Tribunal is correct in law inholding|thatthedeductionunderSectionLOA|shouldbe|computedfollowing the Judgment of this Hon’bleCourt in the case of CIT v/s. Tata Elxs1Ltd., which has not become final sincethe same has not been accepted by theDepartment and SLPs filed by the Revenue on this issue are pendingbefore the Hon’ble Supreme Court?| aDWhether, the Tribunal is justified indirecting the assessing officer to excludethe expenditure in foreign currency andcommunication charges of both from theexport turnover and the total turnoverwhen there is no provision in sectionLOA.which requires the concernedexpenses, which are required to bereduced from the export turnover as perclause [iv] of the Explanation to section10A to be reduced from the_ totalturnover also?”| a2Heard the learned counsel appearing for the appellant. 3.Learned counsel for the appellant submitted|that in view of the Circular bearing No.21/2015 dated10.12.2015, since the subject matter is less than Rs.20lakhs, the appeal is not maintainable before this Court. Therefore, the instant appeal may be dismissed as notmaintainable. 4.Submission of learned counsel for the’appellant is placed on record. 5.Thisappeal1Sdismissedas|notmaintainable,in.VIEWoT|thecircular.bearingNo.21/2015 dated 10.12.2015. Ordered accordingly. AN/- Sd/-JUDGE Sd/-JUDGE