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Commissioner of Income Tax-2 Versus Larsen And Tourbo Infotech Ltd.

2016 (3) TMI 830 - BOMBAY HIGH COURT

Exemption u/s 10A – manner of computation – Held that:- The issue raised herein is stand concluded against the revenue by the decision of this Court in Gem Plus Jewellery India Ltd. (2010 (6) TMI 65 - BOMBAY HIGH COURT) wherein held Freight and insur .....

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s 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 addition made on account of the disallowance of the Provident Fund / ESIC .....

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Income Tax Appeal No. 2335 of 2013 - Dated:- 8-3-2016 - M. S. Sanklecha And Vibhu Bakhru, JJ. For the Appellant : Mr. Suresh Kumar a/w Ms. Samiksha Kanani For the Respondent : Mr. J. D. Mistry, Senior Counsel, a/w Atul Jasani ORDER P. C. 1. This Appe .....

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ear 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 .....

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ase of Sak Soft Ltd. [2009] 313 ITR (AT) 353 (Chennai), 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 .....

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arges should be excluded from the "total turnover" by relying upon the decision of the Special Bench of the ITAT in the case of Sak Soft Ltd. [2009] 313 ITR (AT) 353 (Chennai), when the Income Tax Department has not accepted the principles .....

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ribunal was correct in law in not appreciating that while "export turnover" has been unambiguously defined in the Explanation 2(iv) to section 10A of the Income Tax Act, 1961, to exclude communication charges and expenses incurred in foreig .....

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