TMI Blog2021 (11) TMI 536X X X X Extracts X X X X X X X X Extracts X X X X ..... case of CIT vs. M/s. Hewlett Packard Global Soft Ltd., [ 2017 (11) TMI 205 - KARNATAKA HIGH COURT ] observing that the order of the Tribunal does not suffer from any perversity and infirmity, as such no substantial question of law arises for consideration in the appeal. Deduction u/s 10A - HELD THAT:- As perused the judgment of the Coordinate bench of this Court in Wipro Ltd., supra, wherein their lordships have categorically observed that after the period of six months, if foreign exchange remittances are received and credited to the assessee s account through the Reserve Bank of India and in this context, merely because the written approval of extension was not passed by the Reserve Bank of India, the assessee could not be denied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [Kar. FB] even though the said decision has not reached finality and considering the materials on record the said amount cannot be treated as part of export turnover? 2. Whether in the facts and circumstances of the case and in law, the Tribunal is right in law in setting aside the disallowance of ₹ 27,68,91,445/- by holding that the same can be considered as part of export turnover by relying upon the decision of this Hon ble High Court in Wipro Ltd v/s CIT in ITA No.879 of 2008 dt: 25-3-2015 even though the assessing authority rightly reduced the said amount from export turnover since the said amount was not realized in foreign currency before the due date of filing the return of income? 3. Learned counsel appearing for b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssing Officer to avail the benefit of Section 10A of the Act. Hence, it is submitted that the matter requires remand to the Assessing Officer. 7. Learned counsel for the assessee strongly relying on the judgment of the Co-ordinate Bench of this Court in Wipro Ltd., supra would submit that the Assessing Officer has only observed that no evidence of getting any RBI s permission was placed before the Assessing Officer for realizing the amount in foreign exchange after due date of filing return of income. 8. We have perused the judgment of the Coordinate bench of this Court in Wipro Ltd., supra, wherein their lordships have categorically observed that after the period of six months, if foreign exchange remittances are received and credite ..... X X X X Extracts X X X X X X X X Extracts X X X X
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