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2017 (7) TMI 355 - AT - Income TaxDisallowance of the commission payment - there is no evidence produced and only statements were provided on availing services through E-mail correspondence - Held that:- We find strength in the arguments of Ld. AR and the commission is paid for the purpose of business wholly and exclusively based on the turnover. We found similar disputed issue was considered in assessee own case by the co-ordinate bench of this Tribunal for the assessment year 2001-02 where the Tribunal has remitted the disputed issue to be re-examined by the Assessing Officer. We respectfully following the co-ordinate bench decision and in the interest of justice, we remit the disputed issue to the file of the Assessing Officer to decide the matter afresh based on the available supporting material and evidence Claim of deduction u/s. 10B - exclusion of foreign currency from export turnover and 30% telecommunication expenses from the export turnover - Held that:- For calculation of deduction under section 10B of the Act, by excluding from export turnover, freight, telecommunication charges and expenses incurred in foreign exchange, we are of the opinion that such amounts will have to be excluded from total turnover also as held by the Special Bench of the Tribunal in the case of Sak Soft Ltd.,(2009 (3) TMI 243 - ITAT MADRAS-D ). Assessing Officer is directed to rework the deduction Disallowance u/s. 14A r.w.r. 8D - Held that:- We found that the Assessing Officer has applied the provisions of section 14A r.w.r. 8D and the DRP has considered these facts and directed the Assessing Officer to re-work the computation of disallowance and Accordingly remitted to Assessing Officer. We find the provisions of section 14A r.w.s. 8D are mandatorily applicable w.e.f. 24.03.2008 and accordingly, we are not inclined to interfere with the order of DRP and upheld the action of DRP and dismiss the assessee ground. Further, direct the AO to adopt correct profit for assessing the income and levy of interest u/s. 234B & C is consequential and shall be calculated on assessed income. Accordingly, the assessee appeal is partly allowed for statistical purpose.
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