TMI Blog2011 (6) TMI 993X X X X Extracts X X X X X X X X Extracts X X X X ..... for the sake of convenience and brevity, we are proceeding to decide them by a common order. 2. Briefly stated, the common facts for these two years, are that the assessee is a company engaged in the business of computer software development and is eligible for a claim u/s 10B of the Act. The company is also a 100% Export Oriented Unit [EOU]. The assessee is developing software by way of onsite and offsite development. The assessee is having a branch office in USA . The assessee, when so required by the Assessing Officer, furnished details of expenses incurred in foreign currency in providing technical services outside India in assessment year 2006-07 these expenses are shown as ₹ 9,49,75,456/- and in assessment year 2007-08, thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is issue, we find that in view of the Special Bench decision (supra)in assessee s own case, wherein it has been held that such amount cannot be excluded from export turnover, this addition cannot survive. Consequently, by following the Special Bench decision(supra) we order to delete the impugned addition. 4. Therefore, by following the Tribunal order (supra), we confirm the order of the ld. CIT(A) on this issue and dismiss the common ground raised by the Revenue in this regard, in both the years. 5. The second common issue involved in these appeals is regarding the addition made by the Assessing Officer on account of amortization of capital expenditure. The common facts apropos this issue are that under amortization of deferred expe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and expenditure of the US Branch operation. For income-tax purposes, the global business income including the US Branch profit was taxed and Double Taxation Benefit in respect of the US Branch profits was allowed against the total tax payable by the assessee on the global income. Hence, the amount charged to Profit Loss Account was added back to the total income of the US Branch Office. However, this amount was deleted by the ld. CIT(A). 6. At the time of hearing, it was found that this issue also stands covered in favour of the assessee by the decision of the Special Bench dated 2.11.2010 in assessee s own case. In this regard, we reproduce herein below relevant Para Nos. 20 21 of the above order: 20. There is no dispute about ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f export [by the undertaking] of articles or things or computer software received in, or brought into, India by the assessee in convertible foreign exchange in accordance with sub-section (3), but does not include freight, telecommunication charges or insurance attributable to the delivery of the articles or things or computer software outside India or expenses, if any, incurred in foreign exchange in providing the technical services outside India; The combined reading of the definition of software as given in clause (i) of Explanation (2) and export turnover as defined in clause (iii) above, would go to show that export turnover of computer software means consideration received in respect of export of computer software but does not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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