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2015 (1) TMI 924 - AT - Income TaxAscertaining the correct amount of foreign currency expenses and telecommunication costs for exclusion from “Export Turnover” for working out the deduction u/s 10A - CIT(A) restored the matter back to the AO - Held that:- Set aside the impugned order of the ld. CIT(A) on this issue and the AO is directed to reduce the expenses incurred in foreign currency and telecommunication from the export turnover as well the total turnover while working out the deduction u/s 10A of the Act. - Decided in favour of revenue. Disallowance u/s 14A read with rule 8D - CIT(A) deleted the addition - Held that:- By keeping in view the ratio laid down in the case of CIT Vs Holcim India (P.) Ltd. [2014 (9) TMI 434 - DELHI HIGH COURT] and CIT Vs M/s Lakhani Marketing (2014 (7) TMI 44 - PUNJAB AND HARYANA HIGH COURT) are of the considered view that no disallowance u/s 14A of the Act can be made if there is no income earned. - Decided against revenue. License fee paid to DOT - Revenue v/s Capital - Held that:- Facts of the present case appears to be similar to the facts involved in the case of CIT Vs Bharti Hexacom Ltd. (Delhi) (2013 (12) TMI 1115 - DELHI HIGH COURT), we, therefore, restored this issue to the file of the AO to be decided in accordance and if any expenditure on account of licence fee was payable up to 31.07.1999, it should be treated as capital expenditure and the licence fee on revenue sharing basis after 01.08.1999 should be treated as revenue in nature. - Decided in favour of assessee for staistical purposes.
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