TMI Blog2016 (3) TMI 830X X X X Extracts X X X X X X X X Extracts X X X X ..... nover - these two items would have to be excluded from the total turnover particularly in the absence of a legislative prescription to the contrary - The plain consequence of the disallowance and the add back that has been made by the Assessing Officer is an increase in the business profits of the assessee. The contention of the Revenue that in computing the deduction under Section 10A the additio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er relates to Assessment Year 2004-05. 2. The revenue has raised a following questions of law for our consideration: (a) Whether on the facts and circumstances of the case, the Tribunal was correct in law in holding that while computing the income exempt u/s 10A of the Income Tax Act, 1961, expenses of ₹ 172,56,45,532/- in foreign exchange for providing technical services outside Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... when the Income Tax Department has not accepted the principles laid down by the said decision and as an SLP has been filed by the Department in the case of Gems Plus Jewellery India Ltd. decided by the Bombay High Court reported in 330 ITR 175 (Bom.)? (c) Whether on the facts and circumstances of the case, the Tribunal was correct in law in not appreciating that while export turnover has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pex Court from the order of this Court in Gem Plus Jewellery India Ltd. (supra). Be that as it may, as the questions as raised for our consideration are concluded by the decision of this Court in Gem Plus Jewellery India Ltd. (supra) and the same has not been shown to be stayed by the Apex Court. 5. In the above view, the questions as framed do not give rise to any substantial question of law. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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