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2010 (2) TMI 907 - HC - Income TaxSales tax and excise duty collected during the assessment year - whether would not form part of the total turnover before computing the deduction for the purpose of computing deduction u/s 80HHC – Whether the appellate authorities were correct in not taking into consideration the Explanation to section 80HHC r.w.s. 80AB which clearly enunciates that for the purpose of com-putation of deduction under section 80HHC of the total turnover including all expenses should be taken into consideration - Held that:- In view of Lakshmi Machine Works(2007 (4) TMI 202 - SUPREME Court] the said questions are answered against the Revenue and in favour of the assessee. Membership fee payable to the club - whether be treated as a revenue expenditure and was allowable deduction and not a capital expenditure as held by the Assessing Officer – Held that:- The said question has to be reconsidered by the AO by looking into the facts and circumstances of the assessee for the relevant assessment year by strictly following the observations made by this court in CIT v. Wipro Systems [2009 (11) TMI 402 - KARNATAKA HIGH COURT] - matter is remanded to the Assessing Officer for reconsedration.
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