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2013 (12) TMI 8 - KARNATAKA HIGH COURTService income - Part of profits for section 80HHE - Held that:- Clause (d) of the explanation to section 80HHE does not refer to export turnover. Sub-Section(1) of Section 80HHE of the Act contemplates deduction to the extent of profits derived by the assessee from the export out of India on computer software or its transmission from India to a place outside India by any means or providing technical services outside India in connection with the development or production of computer software to which this section applies - In determining the profits of the business for the purpose of clause(d) of the explanation, the income which are susceptible to a reduction of 90% are those which are specifically prescribed by the Legislature - These are income contemplated by Section 28 of the Act and receipts by way of brokerage, commission, interest, rent, charges or receipts of similar nature included in such profits - Before a receipt is liable to be included to the extent of 90%, it must be a receipt of a nature similar to brokerage, commission, interest, rent or charges. The income emanating from services rendered, would not be susceptible to a reduction of 90% for simple reason that it would not constitute a receipt of nature similar to brokerage, commission, interest, rent or charges - Decided against Revenue.
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