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2018 (7) TMI 1914 - HC - Income TaxDeduction u/s.10A - deduction of expenditure incurred for 'Export Turn Over' - HELD THAT:- Deduction of expenditure incurred for 'Export Turn Over' is also required to be deducted from 'Total Turn Over' for the purpose of computing the deduction u/s.10A of the Act, the controversy is no longer res integra and is covered by the decision of the Division Bench of this Court in the case of Tata Elxsi Ltd. [2011 (8) TMI 782 - KARNATAKA HIGH COURT] as confirmed by HCL TECHNOLOGIES LTD. [2018 (5) TMI 357 - SUPREME COURT] wherein held what is excluded from 'export turnover' must also be excluded from 'total turnover', since one of the components of 'total turnover' is export turnover. Any other interpretation would run counter to the legislative intent and would be impermissible. Maintainability of appeal u/s 260A - existence of substantial question of law - excluding comparables namely, Bodhtee Consulting Ltd, Tata Elxsi Ltd and Infosys Technology Ltd on the ground of functional dissimilarity - Tribunal directing TPO to give working capital adjustment considering the comparables after exclusion of the three companies - HELD THAT:- As decided in M/S. SOFTBRANDS INDIA P. LTD. [2018 (6) TMI 1327 - KARNATAKA HIGH COURT] unless the finding of the Tribunal is found ex facie perverse, the Appeal u/s. 260-A of the Act, is not maintainable. The appeals of the present tenor as to whether the comparables have been rightly picked up or not, Filters for arriving at the correct list of comparables have been rightly applied or not, do not in our considered opinion, give rise to any substantial question of law.- Decided against revenue
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