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2012 (7) TMI 932 - ITAT DELHIComputation of deduction u/s 10B - Held that:- When excess provision written back, the same cannot be said to be income derived from export turnover of article or thing or computer software. The misc. income which is consisting of recovery of notice period, writing off provision of internet expenses and refund for CST from STP1 requires further examination to determine whether these are derived from the exports of article or things or computer software by the undertaking. Such amount may be income in the conceptual sense under the Income-tax Act, 1961 but for working out the deduction u/s 10A it has to be the receipt derived from the exports of article or things or computer software by the undertaking in free trade zone. In view of these facts, we restore the issue to the file of Assessing Officer for fresh adjudication. The cross objection of the assessee is partly allowed for statistical purposes.
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