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2021 (9) TMI 715 - HC - Income TaxTDS u/s 195 - payments made to two companies non resident - Tribunal was right in deleting the disallowance made by the AO holding that the amendment to Section 9(1)(vi) introduced by Finance Act, 2012 with retrospective effect from 01.06.1976 is not applicable and therefore no TDS needs to be deducted? - HELD THAT:- Hon'ble Supreme Court in the case of Engineering Analysis Centre of Excellence Private Limited v. Commissioner of Income Tax and another [2021 (3) TMI 138 - SUPREME COURT] has held in favour of the assessee. Deduction u/s 10A - expenses incurred in relation to travel in foreign country and communication charges are to be allowed both from the Export turnover and Total turnover which is contrary to the Statute - unrealized foreign exchange was to be allowed both from the Export turnover without making corresponding deduction from the total turnover - HELD THAT:- Question answered against the Revenue in the case of Commissioner of Income-tax, Central-III v. HCL Technologies Ltd. [2018 (5) TMI 357 - SUPREME COURT] As held that the definition of 'total turnover' given under Sections 80HHC and 80HHE cannot be adopted for the purpose of Section 10A as technical meaning of total turnover, which does not envisage reduction of any expenses from total amount, is to be taken into consideration for computing deduction under Section 10A; when meaning is clear, there is no necessity of importing meaning of 'total turnover' from other provisions. - Decided against the Revenue.
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