TMI Blog2009 (11) TMI 957X X X X Extracts X X X X X X X X Extracts X X X X ..... Vikash Dhariwala ORDER George George K (Judicial Member) This appeal preferred by the revenue is directed against the order of the learned Commissioner of Income-tax (Appeals) - IV, Bangalore dated 30.04.2009. The assessment year concerned is 2004-05. 2. The revenue has raised the following effective grounds : (i) The CIT(A) has erred in directing the AO to allow the deducti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e light of the direction issued by the CIT(A), there is likelihood of variation in the deduction u/s 10A. Consequently, the tax effect for appeal purpose would be more than ₹ 2,00,000/-. Hence, the appeal is necessary to file before ITAT. The brief facts of the case are as follows : 3. The Software Silicon Systems India Pvt. Ltd., ('SSS of 'the company) was an Indian Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore claimed deduction u/s 10A of the Act, of the entire income of the undertaking, as both Export Turnover and Total Turnover of the undertaking was same. 3.3 The company had taken a data circuit connectivity link line for connectivity in India for accessing internet, servers etc. and involves charges only for uplinking of the data. According to assessee company, the payment of ₹ 1,09,8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dertaking, the deduction of the entire profit of the undertaking u/s 10A of the Act has not been granted by the AO. 4. Against the order of the AO, assessee filed appeal before the CIT(A). The CIT(A) relying on the various decisions of the Tribunal including M/s Tax Elxsi Ltd. (ITA No.315/Bang/2006 and M/s I Gate Global Solutions Ltd. Vs. AICT (ITA No.248 and 249/Bang/2007) directed the AO to e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above, the corresponding effect of the reduction of the expenses incurred in foreign currency from Export Turnover be given by reducing it from the Total Turnover as well, for uniformity between the two components while computing the deduction u/s 10A of the Act. Hence, following the co-ordinate bench decision of the Tribunal in assessee's own case cited supra, we uphold the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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