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2009 (12) TMI 1000

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..... e appeals, filed by the revenue, are directed against the consolidated order of learned CIT(A)-I, Bangalore dated 20th March, 2009 in relation to asst. years 2002-03 and 2003-04. The order of the CIT(A) emanates out of the order of the Assistant Commissioner of Income Tax dated 31.12.2007 passed u/s 143(3) r.w.s. 147 of the Act. 2. Since the issues involved in both the appeals are common, they .....

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..... very outset, it is submitted by both the parties that the first issue mentioned above is covered by the order of the Tribunal in assessee's own case (ITA Nos.248 249/Bang/2007 dated 27th November, 2007) as well as the decision of the Special Bench of the Tribunal in the case of ITO v M/s Sak Soft Ltd. (2009) 313 ITR (AT) 353 (Chennai) (S.B.), wherein the Special Bench held as follows:- .....

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..... d telecommunication expenses not only from the export turnover but also from the total turnover for the purpose of deduction u/s 10A of the Act. 4. As regards the second issue mentioned above, the Assessing Officer in the assessment completed u/s 143(3) r.w.s. 147 (dated 31.12.2007) was of the view, since assessee is involved in providing technical services, it is not entitled to deduction u/s .....

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..... al) at para 7 and 7.1 of the Appellate Order held that the appellant was not involved in technical consultancy. (As there were some errors in para 7 and 7.1, the Commissioner of Income Tax (Appeal) passed a corrigendum on 8.6.2009). A copy of the corrigendum is placed on record. 4.2 It is pointed out by the learned AR that this issue is covered in assessee's own case for the asst. year 2001 .....

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