The Commissioner Of Income Tax I,Coimbatore v. M/S.soliton Technologies Private Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS Coram THE HONOURABLE MR. JUSTICE M.M.SUNDRESHandTHE HONOURABLE MR. JUSTICE N.ANAND VENKATESH T.C.(A). No.258 of 2010 The Commissioner of Income Tax I,Coimbatore... Appellant vs. M/s.Soliton Technologies Private Limited,1547, Classic Tower, Trichy Road,Coimbatore - 641 018... Respondent Appeal filed under Section 260A of the Income Tax Act, 1961against the order of the Income Tax Appellate Tribunal "D"Bench,Chennaidated11.09.2009passedinI.T.A.No.1055/Mds/2007. Appeal against the order passed by theCommissioner of Income Tax (Appeals)-I, Coimbatore dated5.2.2017 Appeal No.258/06-07 for the Assessment year 2004-05,against the order passed by the Income Tax Officer, CompanyWard-1, Coimbatore, dated 31.10.2006 Pan/G112 No. forthe Assessment year 2004-2005. For Appellant:Mr.T.R.Senthil Kumarand Mr.S.Rajesh For Respondent :Mr.M.P.Senthil Kumarfor M/s.Philip George JUDGMENT The Revenue is on appeal by raising the followingsubstantial questions of law in respect of the assessment year2006-2007: "1.Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal wasright in law in directing the Assessing Officer toexclude the expenses incurred in foreign exchange by https://hcservices.ecourts.gov.in/hcservices/ the assessee and regarding the foreign branch from thetotal turnover while computing the deduction underSection 10-A of the Income Tax Act, 1961 is valid? 2.Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal was rightin law in holding that the expenses incurred inforeign exchange by the assessee and regarding foreignbranch from the total turnover while computingdeduction under Section 10-A of the Income Tax Act,1961, even though the provisions of explanation 2(iv)of Section 10-A squarely apply to the facts of thecase? 2.Heard the learned counsel appearing for the appellant andthe learned counsel appearing for the respondent. 3.Learned counsel appearing for the parties submit that theabove questions are decided against the Revenue by the ApexCourt in Commissioner of Income Tax Vs. HCL TechnologiesLimited ((2018) 165 DTR Judgments). 4.In such view of the matter, this Tax Case Appeal isdismissed. No costs. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mmiTo 1. The Income Tax Appellate Tribunal, "D" Bench, Chennai.2. The Commissioner of Income Tax (Appeals)-1, Coimbatore.3. The Income Tax Officer, Company Ward, Coimbatore.+ 1 cc to Mr. T.R. Senthilkumar, Advocate Sr.39394 + 1 cc to Dhilip George, Advocate Sr.39491 T.C.(A).No.258 of 2010 SSI(CO)EU(10/07/2018)