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2010 (3) TMI 740 - AT - Income TaxRevision u/s 263 - order prejudicial to revenue - Deduction u/s 10A – STP units – export turnover - Post & Communication and Insurance expenses - On being asked it was interalia submitted by the assessee that Post & Communication and Insurance expenses were not separately recovered in the invoices. Hence, the question of excluding these expenses to work out the export turnover does not arise and in support sample copies of invoices were also produced. – CIT directed to AO u/s 263 to reconsider the issue – Held that: - In the absence of any contrary material placed on record by the revenue against the factual matrix of the case shown by the assessee before the ld. CIT and also at this stage and respectfully following the decision of the Special Bench of the Tribunal in ITO vs. Sak Soft Ltd. (2009 -TMI - 70680 - ITAT MADRAS-D) we are of the view that the issue is squarely covered by the order of the Special Bench of the Tribunal, and hence, the order passed by the AO is not found to be erroneous in so far as it is prejudicial to the interests of the revenue and accordingly we cancel the order passed by the ld. CIT u/s.263 and uphold the order passed by the AO.
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