| Citation(s) |
|---|
| 2015 SLG 1761 2015 SLD 1761 (2015) 371 ITR 32 |
Karnataka High Court
IT Appeal Nos. 472,1074,563 & 1029 of 2008, JUNE 30, 2014
N. KUMAR AND B. MANOHAR, JJ
S. Parthasarathi for the Appellant. K.V. Aravind for the
Respondent
IT Appeal Nos. 472,1074,563 & 1029 of 2008, JUNE 30, 2014
N. KUMAR AND B. MANOHAR, JJ
S. Parthasarathi for the Appellant. K.V. Aravind for the
Respondent
IT Appeal Nos. 472, 1074, 563 & 1029 of 2008, JUNE 30, 2014
GE BE (P.) Ltd
v.
Assistant Commissioner of INCOME TAX, Circle11(2), Bangalore
Law:
Section:
JUDGMENT N. Kumar, J. - All these appeals are taken up together for consideration since they arise from a common order and the assessee is common. 2. These income tax appeals are filed under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for short) against the order dated 18-01-2008 passed by the Income Tax Appellate Tribunal, Bangalore 'B' Bench (hereinafter referred to as 'the Tribunal' for short). 3. The facts of the case in brief are: The assessee is a 100% Export Oriented Undertaking ('EOU' for short) engaged in the manufacturing of X-Ray tubes, High Voltage Tanks, CT detectors used in CT Scanners and X-ray equipments. By virtue of being 100% EOU, the assessee is entitled to deduction under Section 10B of the Act in respect of the profits earned from this Unit. The assessee is a part of GE group of companies having operations all over the world. The assessee filed its return of income declaring total income of Rs. 21,l2,38,610/- on 28-10-2003. The assessee claimed deduction of Rs. 73,12,83,454/- under Section 10B of the Act. The assessee admitted the turnover from manufacturing activity at Rs. 354.13 crores. The assessee also declared the turnover of 24.33 lakhs on the export of spares/components. The assessee's case was selected for scrutiny and an assessment order under Section 143(3) of the Act came to be passed on 27-3-2006. The Assessing Officer restricted the deduction under Section 10B of the Act at Rs. 72,68,33,060/- on the ground that the turnover on account of export of spares/components was not to be included in the eligible profits to determine the deduction under Section 10B of the Act. .An amount of Rs. 24.33 lakhs was deducted in order to arrive at profit of the business for the purpose of Section 10B. The assessee claimed for inclusion of Rs. 66,17,795/-representing the sale of scraps in the Company's profits for calculating the deduction under Section 10B of the Act. The Assessing Officer disallowed the claim of the assessee. Aggrieved by the said order, the assessee preferred an appeal to the Commissioner of Income Tax (Appeals)-I, Bangalore (hereinafter referred to as 'the First Appellate Authority'). The…
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