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Commissioner of Income Tax, Asst. Commissioner of Income tax Versus M/s Tata Elxsi Ltd

2016 (3) TMI 460 - KARNATAKA HIGH COURT

Computing deduction U/s.10A - non exclusion of expenses incurred in foreign currency from export turnover for the purpose of computation of deduction under Section 10A - Held that:- Question raised in the present appeals are covered by the decision of Commissioner of Income Tax vs. Tata Elxsi Ltd. [2014 (9) TMI 1013 - KARNATAKA HIGH COURT] held that any exclusion from the export turnover, it should also be excluded from the total turnover for the purpose of computation of deduction under S.10A o .....

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ty not to exclude the expenses incurred in foreign currency from export turnover for the purpose of computation of deduction under Section 10A of the act in the case of the assessee against the provisions of the Act and when the development of and creation of software program s outside India in accordance with the requirements of the clients abroad, interacting and studying the need of the clients and advising them accordingly involves rendering of technical services outside India? 2. The second .....

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n ITA No.660/08 in case of Commissioner of Income Tax vs. Tata Elxsi Ltd., decided on 16th September 2014. We may record that, in the decision of this Court referred above, it was observed thus: "This appeal is preferred by the Revenue challenging the order passed by the Tribunal, holding that the per diem allowance cannot be reduced from the export turnover for the purpose of computing deduction under Section 80HHE of the Income Tax Act, 1961, as the same was not spent for providing techni .....

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in taking into consideration Explanation 2 (iv) of Section 10A of the Act which clearly contemplated that such expenditure was liable to be deducted from the export turnover for the purpose of computing deduction U/s.10A of the Act?" 3. This Court had an occasion to consider the said questions of law in the case of Commissioner of Income Tax And Another Vs. MICO in ITA No.1172/2006, wherein the said substantial questions of law was answered in favour of the assessee and against the revenue. .....

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