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2011 (12) TMI 571 - ITAT BANGALOREComputing the exemption u/s 10A - Held that:- While computing the exemption u/s 10A, if the export turnover in the numerator is to be arrived at after excluding certain expenses, the same should also be excluded in computing the export turnover as a component of total turnover in the denominator. Disallowance u/s 40(a)(i)- Payments made by assessee to Cerner, USA - reimbursement of expenses OR “fees for technical services” (FTS)- Held that:- Both parties had agreed that the reimbursement payment cannot be liable to tax and the issue is covered by the order of the Tribunal in the case of IDS Software Solutions (India) Pvt. Ltd.(2009 (1) TMI 363 - ITAT BANGALORE-A ). Since the facts being identical, respectfully following the decision of the co-ordinate Bench of the Tribunal, we hold that the AO is not justified in making disallowance of Rs. .2,74,59,496 u/s 40(a)(i)
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