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2015 (8) TMI 163 - AT - Income TaxComputation of deduction u/s. 10A - excluding the telecommunication charges and expenses incurred in foreign currency from the export turnover and total turnover - According to the Revenue, the aforesaid expenses should be excluded only from the export turnover and not from the total turnover - Held that:- As of today, law declared in Tata Elxsi Ltd., [2011 (8) TMI 782 - KARNATAKA HIGH COURT] in which it was held that whatever is excluded from the export turnover, should also be excluded from the total turnover which is the jurisdictional High Court is binding on us. We therefore hold that the order of CIT(A) does not call for any interference and accordingly the same is confirmed. - Decided against revenue. Brought forward unabsorbed losses of earlier years - Whether should be set off against the profits of the 10A unit and deduction u/s. 10A should be allowed only after such set off? - Held that:- The Hon’ble Karnataka High Court in the case of Yokogawa (2011 (8) TMI 845 - Karnataka High Court ) was concerned with similar situation as set out above. In view of the aforesaid decision of the Hon’ble Karnataka High Court, we are of the view that the claim as made by the Assessee for carry forward of loss of the non-eligible unit had to be allowed without set off of profits of the 10A/10B unit. - Decided against revenue.
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