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2014 (9) TMI 396 - HC - Income TaxExemption u/s 10A - Nature of services rendered by assessee - assessee was rendering services as an employment agent, like any other employment agency, and merely forwarded list of shortlisted candidate to their overseas clients - Whether the Tribunal was right in holding that the services provided by the assessee are covered by Section 10A of the Income Tax Act, 1961 read with Notification bearing No. SO 890(E) dated 26th September, 2000 – Held that:- The assessee was not providing recruitment services, as are normally and generally undertaken by the hiring agents - assessee was using information technology in scanning the data, processing it, conducting online tests for shortlisted candidates, and analysing their results – there was no merit in the submissions made by the Revenue that the activities were not covered under the Notification S.O. 890(E), i.e. human resource service. The Tribunal was rightly of the view that assessee had placed on record a list of employees, details of salary paid, a copy of the application made for registration and on the basis of the details, was satisfied that the respondent-assessee on factual basis had undertaken the activities - the Revenue had not stated that no such or actually no activities were performed or carried out by the respondent-assessee at Bangalore - the total business income as declared was accepted as the business receipts of the respondent-assessee - This included the amount for invoices raised by Bangalore units and by the Gurgaon unit - If the invoices issued by the Bangalore unit is excluded, then this figure cannot be added or included as the income or receipts – Thus, the order of the Tribunal is upheld – Decided against revenue.
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