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TMI Blog2015 (9) TMI 1282X X X X Extracts X X X X X X X X Extracts X X X X ..... s common order. 2. The first ground of appeal is with regard to claim of the assessee u/s 10B of the Act. 3. Shri N. Madhavan, ld. Departmental Representative submitted that the assessee made a claim u/s 10B of the Act in the return of income. The Assessing Officer found that no certificate was produced from the Board of Approval for claiming deduction u/s 10B of the Act. Therefore, the Assessing Officer disallowed the claim of the assessee. However, the CIT(A), on the basis of the judgment of the Hon'ble Madras High Court in the case of CIT vs Heartland KG Information Ltd, [2013] 359 ITR 1, allowed the claim of the assessee. According to the ld. DR, in view of the judgment of the Hon'ble Apex Court in the case of M/s Goetze (Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng a claim, the same has to be made in the return of income. In the very same judgment, the Apex Court found that however, it will not deprive the authority of the Tribunal to entertain additional ground or alternative ground. Therefore, when the assessee is eligible for alternative claim u/s 10A, this Tribunal is of the considered opinion that the CIT(A) has rightly allowed the claim of the assessee. This Tribunal do not find any infirmity in the order of the CIT(A) on this issue. Accordingly, the same is confirmed. 6. The next issue is with regard to setting off of losses of non 10B unit against profits of 10B unit. 7. Shri N. Madhavan, ld. DR submitted that by placing reliance on the decision of Special Bench of this Tribunal in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the decision of Larger Bench, this Tribunal do not find any infirmity in the order of the CIT(A). Accordingly, the same is confirmed. 10. The next issue is with regard to exclusion of foreign travel and communication expenses from the export turnover. 11. Shri N. Madhavan, the ld. DR submitted that the Assessing Officer excluded the foreign travel and communication expenses from the export turnover. However, on appeal by the assessee, the CIT(A) directed the Assessing Officer to exclude the same from the total turnover also by placing reliance on the decision of the Special Bench of this Tribunal in Sak Soft Ltd, 121 TTJ 865. According to the ld. DR, the Revenue has already filed an appeal before the Hon'ble Madras High Court again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court in M/s Simpson & Co. Ltd vs The Dy. CIT, Tax Case (Appeal) No.2621 of 2006 dated 15.10.2012, the ld. Counsel submitted that on identical circumstances, the Hon'ble Madras High Court disallowed 2% of the dividend income. Therefore, the ld. Counsel submitted that 2% of the dividend income may be disallowed instead of 10% disallowed by the Assessing Officer. 17. We have considered the rival submissions on either side and also perused the material available on record. The Assessing Officer admittedly, disallowed 10% of the dividend income. However, the CIT(A) deleted the same. By placing reliance on the judgment of the Hon'ble Madras High Court in M/s Simpson & Co. Ltd.(supra), the ld. Counsel submitted that 2% of the dividend ..... X X X X Extracts X X X X X X X X Extracts X X X X
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