TMI Blog2018 (11) TMI 1640X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the order of this Tribunal in Sak Soft Limited (supra) is stayed by the High Court. In those circumstances, this Tribunal is of the considered opinion that the CIT(Appeals) has rightly followed the order of this Tribunal in the case of Sak Soft Limited (supra). The denominator and numerator should be of the same factor. Therefore, once it was taken as export turnover, it should be taken as total turnover also. In this case, the AO has taken the expenditure made in foreign currency as export turnover. However, the same was excluded from the total turnover. Therefore, this Tribunal is of the considered opinion that the CIT(A) has rightly directed the Assessing Officer to exclude the expenditure incurred in foreign currency both from ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . MOHAN ALANKAMONY, ACCOUNTANT MEMBER For the Appellant : Shri Guru Bashyam, JCIT For the Respondent : Sh. SP. Chidambaram, Advocate ORDER PER N.R.S. GANESAN, JUDICIAL MEMBER: This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) -15, Chennai, dated 28.09.2017 and pertains to assessment year 2009-10. 2. The first issue arises for consideration is with regard to direction of the CIT(Appeals) to exclude the expenditure incurred in foreign currency both from export turnover and total turnover for the purpose of deduction under Section 10A of the Income-tax Act, 1961 (in short 'the Act'). 3. We heard Shri Guru Bashy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(Appeals) to examine the case of exemption under Section 10A of the Act in respect of Unit II. 6. Having heard the Ld. D.R. and the Ld.counsel for the assessee, this Tribunal is of the considered opinion that when the assessee made claim in respect of Unit II, it has to be examined. The CIT(Appeals) may not have power to set aside the order of the Assessing Officer for re-examination. However, the matter needs to be re-examined by the Assessing Officer. Therefore, in exercise of power conferred on this Tribunal, the Assessing Officer is directed to re-examine the matter in respect of Unit II also. 7. The next issue arises for consideration is claim of surcharge and education cess for the purpose of computing MAT cred ..... X X X X Extracts X X X X X X X X Extracts X X X X
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