ACIT, Hyderabad v. M/s. Sentini Technologies Pvt. Ltd, Hyderabad

ITA 1410/HYD/2010 | 2006-2007
Pronouncement Date: 28-01-2011 | Result: Dismissed

Appeal Details

RSA Number 141022514 RSA 2010
Assessee PAN AAFCS7501L
Bench Hyderabad
Appeal Number ITA 1410/HYD/2010
Duration Of Justice 2 month(s) 17 day(s)
Appellant ACIT, Hyderabad
Respondent M/s. Sentini Technologies Pvt. Ltd, Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 28-01-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 28-01-2011
Assessment Year 2006-2007
Appeal Filed On 10-11-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A' HYDERABAD BEFORE SHRI N.R.S. GANESAN JUDICIAL MEMBER AND SHRI AKBER BASHA ACCOUNTANT MEMBER I.T.A. NO. 1410/HYD/2010 (ASSESSMENT YEAR 2006-07) THE ACIT CIRCLE 3(1) HYDERABAD VS. M/S. SENTINI TECHNOLOGIES PVT. LTD. HYDERABAD-34 PAN: AAFCS7501L APPELLANT RESPONDENT APPELLANT BY: SHRI V. SRINIVAS RESPONDENT BY: SHRI C.N. PRASAD O R D E R PER NRS GANESAN JM: THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-IV HYDERABAD DATED 31.8.2010 AND PER TAINS TO ASSESSMENT YEAR 2006-07. 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS EXCLU SION OF EXPENDITURE INCURRED IN FOREIGN CURRENCY OUTSIDE IN DIA FROM THE EXPORT TURNOVER. 3. WE HEARD SHRI V. SRINIVAS THE LEARNED DR AND SHR I C.N. PRASAD THE LEARNED COUNSEL FOR THE ASSESSEE. THE ASSESSING OFFICER EXCLUDED THE EXPENDITURE INCURRED BY THE AS SESSEE OUTSIDE INDIA IN FOREIGN CURRENCY FROM TOTAL TURNOV ER. WHILE CONFIRMING THE VIEW OF THE ASSESSING OFFICER THE C IT(A) FOUND THAT ONCE SUCH EXPENDITURE WAS EXCLUDED FROM THE EX PORT TURNOVER THE SAME SHALL ALSO BE EXCLUDED FROM THE T OTAL TURNOVER. THE CIT(A) PLACED HIS RELIANCE ON THE DECISION OF T HIS TRIBUNAL IN I.T.A. NO. 1410/HYD/2010 M/S. SENTINI TECHNOLOGIES PVT. LTD. =========================== 2 EX BAND (INDIA) PVT. LTD. VS. ITO IN I.T.A. NO. 110 2/HYD/2004. A SIMILAR VIEW WAS ALSO TAKEN BY THE SPECIAL BENCH OF THIS TRIBUNAL IN ITO VS. SAK SOFT LIMITED (313 ITR 353). BY FOLL OWING THE DECISION OF THE TRIBUNAL IN SAK SOFT LIMITED (SUPRA ) WE UPHOLD THE ORDER OF THE CIT(A). 4. IN THE RESULT THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28TH JANUARY 2011. SD/- (AKBER BASHA) ACCOUNTANT MEMBER SD/- (N.R.S. GANESAN) JUDICIAL MEMBER HYDERABAD DATED 28TH JANUARY 2011 TPRAO COPY FORWARDED TO: 1. THE ACIT CIRCLE 3(1) 7TH FLOOR B-BLOCK IT TO WERS HYDERABAD. 2. M/S. SENTINI TECHNOLOGIES PVT. LTD. PLOT NO. 12 29 ROAD NO. 60 JUBILEE HILLS HYDERABAD-34. 4. THE CIT(A)-IV HYDERABAD 5 THE CIT-III HYDERABAD 6. THE DR A BENCH ITAT HYDERABAD