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2016 (11) TMI 1554 - AT - Income TaxDeduction u/s 10A - total turnover of the assessee-company, is its export turnover and has no domestic turnover - Held that:- In the case of this assessee, the export turnover is equal to the total turnover. The assessee has been claiming deduction under section 10A on this basis and the Revenue has been allowing the same, by accepting the claim of the assessee. Though the Ld. D.R. submitted that there is no res judicata in tax proceedings, for the sake of consistency and to avoid chain reaction in future assessment years, and as the tax rates for all the years are same and as the assessee has claimed deduction under section 10A on this year unbilled revenues in the next assessment year and as the revenue has accepted this claim, we are of the opinion that the unbilled revenues have to be eliminated from the total turnover as well as the export turnover in this year and the deduction under section 10A be computed. We direct the Assessing Officer accordingly. Hence, we allow this ground of the assessee. Charging of interest u/s 234A - Held that:- As return of income in this case was filed well within time i.e., on 30.10.2007. Thus the levy of interest under section 234A is bad in law. Ground of the assessee is allowed. Exemption under section.10A is to be allowed in respect of the amounts in question relating to the disallowance u/s 40(a)(ia) - Decided in favour of assessee.
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