TMI Blog2011 (11) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... d as income from other sources - Decided in favor of assessee. - IT APPEAL NO. 1189 OF 2006 - - - Dated:- 22-11-2011 - V.G. SABHAHIT AND S.N. SATYANARAYANA, JJ. E. Sanmathi Indrakumar for the Appellant. K.P. Kumar for the Respondent. JUDGMENT 1. This appeal is filed by the revenue being aggrieved by the order passed by the Income-tax Appellate Tribunal (hereinafter called as ITAT) in ITA No. 1130/Bang./2003 dated 7.4.2006, wherein me appeal filed by the revenue has been dismissed and the appeal filed by the assessee in ITA. No. 1022/2003 is allowed in part confirming the order-passed by the Commissioner of Income-tax (Appeals). 2. The material facts leading up to this appeal are as under: The assessee is an exporter of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Accordingly. the Assessing Officer passed the order of assessment. Being aggrieved by the said order an appeal was preferred by the assessee. 4. The Appellate authority by order dated 4.7.2003 allowed the appeal and held that the expenses incurred towards acquisition of corporate membership in clubs, expenses incurred towards obtaining ISO certification and amount spent towards repairs and maintenance on the leased premises should be treated as revenue expenditure and not as capital expenditure. It also upheld the contention of the assessee that assessee is entitled to have the benefit of fluctuation in the value of rupee in respect of value of export of software made by him. Accordingly, allowed the appeal. Being aggrieved by the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in India can be included in the export turnover for computation of deduction u/s. 80HHE of the Act? 5. We have heard the learned Counsel appearing for the parties. The substantial questions of law 1 to 3 are no more res integra, as in respect of the same assessee, the expenses incurred towards obtaining corporate membership, the amount spent towards obtaining ISO certificate and the expenses incurred towards repair and maintenance of leased premises have been held to be revenue expenditure and not as capital expenditure as contended by the revenue. The said substantial questions of law have been answered against the revenue and in favour of the assessee in ITA. No. 2975/2005, disposed off on 21.10.2011, ITA. No. 3011/2005 disposed off on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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