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2015 (5) TMI 154 - ITAT BANGALORE

2015 (5) TMI 154 - ITAT BANGALORE - TMI - Deduction u/s. 10A/10B - Determination of export turnover - Held that:- only grievance of the Revenue is that the decision of Hon'ble High Court of Karnataka in Tata Elxsi (2011 (8) TMI 782 - KARNATAKA HIGH COURT) has not attained finality and a SLP by the department is pending before the Hon'ble Supreme Court. We are of the view that as of today, law declared by the Hon'ble High Court of Karnataka which is the jurisdictional High Court is bi .....

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er of the CIT(Appeals)-I, Bangalore relating to assessment year 2007-08. 2. The assessee is engaged in the business of manufacture, repair, overhaul and maintenance services for aircraft safety and evacuation systems. The manufacturing activities are carried out by a 100% EOU division. The profits of EOU division were entitled to deduction u/s. 10B of the Act. During the previous year relevant to A.Y. 2007-08, the assessee had set up a new business line of providing design services for certain c .....

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hone and trunk call 891,366 Telephone data lines 3,774,738 Telephone local/cell 1,408,229 Freight outwards 16,598,961 Foreign travel 11,888,267 4. According to the AO, clause (iv) to Explanation 2 to Section 10A defines the term "export turnover" as follows:- "export turnover" means the consideration in respect of export by the Undertaking of articles or things or computer software received in, or brought into India by the assessee in convertible foreign exchange in accordanc .....

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ses had to be excluded from the export turnover for the purpose of computing deduction u/s. 10A/10B of the Act. The plea of the assessee before the AO was that telecommunication and freight expenses incurred by the assessee did not form part of its export turnover. The entire export turnover accounted for by the assessee during FY 2006-07 represented consideration for export of services/articles to Goodrich entities outside India. These expenses incurred by Goodrich India were not separately cha .....

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