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2013 (11) TMI 7 - AT - Income TaxTechnical consultancy charges not to be included in export turnover for computation of deduction u/s 10A of the Income Tax Act – Held that:- Assessing Officer is directed to verify this fact and if on verification it is found that the assessee has not included the said amount while computing the deduction u/s 10A then there is no question of reducing it from export turnover for the purpose of computing deduction u/s 10A of the Act. Even otherwise also, the alternative contention of the assessee is not without substance. When any amount being in the nature of freight, telecommunication charges or insurance attributable to the delivery of the articles or things or computer software outside India are to be excluded from the export turnover, then the same is also required to be excluded from the total turnover for the purpose of computing deduction u/s 10A of the Act – Reliance has been placed on the judgment in the case of CIT Vs. Gem Plus Jewellery India Ltd. [2010 (6) TMI 65 - BOMBAY HIGH COURT] Addition made on account of statutory disallowance is eligible for deduction u/s 10A of the Income Tax Act – Held that:- Reliance has been placed on the judgment in the case of CIT Vs. Gem Plus Jewellery India Ltd. [2010 (6) TMI 65 - BOMBAY HIGH COURT] - Held that the additions made to the income of the assessee by virtue of disallowance made u/s 43B of the Act, amounts to increase in the business profit of the assessee and therefore assessee is entitled to claim exemption u/s 10A with regard to the addition made on account of statutory disallowance – Also, disallowance made u/s 40(a)(ia) for non deduction of TDS would result in increase in business profit of the assessee, hence the assessee would be entitled to claim deduction u/s 10A with reference to such addition made on account of disallowance u/s 40(a)(ia) – Decided in favor of Assessee.
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