Whether On The Facts And In The Circumstances Of The Case And In Law, The Tribunal Is Right In Allowing In Setting Aside Re-Computation Of Section 10A Made By A v. Tata Elxsi Ltd? Case And In Law, The Tribunal Is Right In Allowing In Setting Aside Re-Computation Of Section 10A Made By Assessing Authority By Following The J

Digitally signed byS P SUDHALocation: HIGHCOURT OFKARNATAKA IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22 DAY OF NOVEMBER, 2022 PRESENT THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR AND THE HON'BLE MR. JUSTICE T.G.SHIVASHANKARE GOWDAINCOME TAX APPEAL NO. 356 OF 2018 BETWEEN : 1. THE PR COMMISSIONER OF INCOME TAX, CIT(A) 5 FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU-560 095. 2. THE ADDL. COMMISSIONER OF INCOME-TAX RANGE-11, PRESENT ADDRESS ACIT, C-3(1)(1) 2 FLOOR, BMTC BUIDLING 80 FEET ROAD, KORMANGALA BENGALURU-560 095. …APPELLANTS (BY SHRI. K.V. ARAVIND, STANDING COUNSEL) AND: M/S INFOSYS LTD ELECTRONIC CITY HOSUR ROAD BENGALURU-560 100. …RESPONDENT (BY SHRI. SURYANARAYANA, SENIOR ADVOCATE FOR SMT. TANMAYEE RAJKUMAR, ADVOCATE) . . . . THIS INCOME TAX APPEAL IS FILED UNDER SEC.260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED:10/11/2017 PASSED IN IT(TP)A NO.799/BANG/2015, FOR THE ASSESSMENT YEAR 2006-2007, VIDE ANNEXURE-C, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED THEREIN AND ETC. THIS INCOME TAX APPEAL, COMING ON FOR HEARING, THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING: JUDGMENT Shri. K.V.Aravind, learned Advocate for the Revenue submitted that though this appeal has been admitted to consider three questions, this Court may consider all four questions raised in the appeal and 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) 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 the case and in law, the Tribunal is right in allowing claim for foreign tax credit under Section 90 of the Act in respect of income exempt under Section 10A of the Act by following the decision of this Hon'ble Court in case of Wipro Ltd? case and in law, the Tribunal is right in allowing claim for foreign tax credit under Section 90 of the Act in respect of income exempt under Section 10A of the Act by following the decision of this Hon'ble Court in case of Wipro Ltd? 3. Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in law in allowing claim of credit for state taxes paid outside India by following the decision of this Hon'ble Court in case of Wipro Ltd? case and in law, the Tribunal is right in law in allowing claim of credit for state taxes paid outside India by following the decision of this Hon'ble Court in case of Wipro Ltd? 4. Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in allowing in setting aside re-computation of Section 10A made by Assessing Authority by following the judgment of this Hon'ble Court in case of CIT Vs. Tata Elxsi Ltd? case and in law, the Tribunal is right in allowing in setting aside re-computation of Section 10A made by Assessing Authority by following the judgment of this Hon'ble Court in case of CIT Vs. Tata Elxsi Ltd? 2. Shri. Suryanarayana, learned Senior Advocate for the assessee submitted that the first question is covered by the decision in ITA No.348/2018 decided today i.e., November 22, 2022. Questions No.2 and 3 are covered by the decision in Wipro Ltd. Vs. Deputy Commissioner of Income-tax, Central Circle 1(3), Bangalore[1]andQuestion No.4 is covered by the decision in Commissioner of Income-tax, Central-IIIVs. HCL Technologies Ltd.[2] 3. The said submission is not opposed by Shri. K.V. Aravind. 1 [2015] 62 taxmann.com 26 (Karnataka) 2 [2018] 93 taxmann.com 33 (SC) 2. Shri. Suryanarayana, learned Senior Advocate for the assessee submitted that the first question is covered by the decision in ITA No.348/2018 decided today i.e., November 22, 2022. Questions No.2 and 3 are covered by the decision in Wipro Ltd. Vs. Deputy Commissioner of Income-tax, Central Circle 1(3), Bangalore[1]andQuestion No.4 is covered by the decision in Commissioner of Income-tax, Central-IIIVs. HCL Technologies Ltd.[2] 3. The said submission is not opposed by Shri. K.V. Aravind. 1 [2015] 62 taxmann.com 26 (Karnataka) 2 [2018] 93 taxmann.com 33 (SC) 4. In view of the above, this appeal must fail and it is accordingly dismissed. 5. Questions of law are answered in favour of the assessee and against the Revenue. No costs. Sd/- JUDGE Sd/- JUDGE SPS List No.: 1 Sl No.: 14