TMI Blog2021 (6) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... aw has been rendered academic. Therefore, it is not necessary for us to answer the same. However, it is directed that the finding of the Tribunal with regard to the first substantial question of law shall not be treated as a precedent and it shall be open for the parties to argue the same in an appropriate case even in subsequent years. Re-computation of section 10A - HELD THAT:- Insofar as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 04.09.2015 passed by the Income Tax Appellate Tribunal. The subject matter of the appeal pertains to Assessment Year 2008-09. The appeal was admitted by a Bench of this Court vide order dated 31.07.2018 on the following substantial questions of law: a) Whether on the facts and in the circumstance of the case, the Tribunal, was justified in holding that the tax is not deductable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been answered in favour of the assessee by a Bench of this Court in 'COMMISSIONER OF INCOME TAX Vs. HEWLETT PACKARD GLOBAL SOFT LTD.' (2017) 82 TAXMANN.COM 182 (KAR) as well as decision of Bombay High Court in 'CIT Vs. GEMS PLUS JEWELLERY INDIA LIMITED' (2011) 330 ITR 175 (BOMBAY) and the second substantial question of law has been answered in favour of the assessee by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er decision. 6. We have considered the submissions made on both sides and have perused the record. Admittedly, the first substantial question of law has been rendered academic. Therefore, it is not necessary for us to answer the same. However, it is directed that the finding of the Tribunal with regard to the first substantial question of law shall not be treated as a precedent and it shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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