2012 (7) TMI 245

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..... RANJAN, ACCOUNTAT MEMBER:   This appeal by the assessee for Assessment Year 2005-06 arises out of the order of the Assessing Officer under sec. 143(3) read with sec. 144C of the Income-tax Act, 1961 (the Act). 2. In this case Delhi Bench `C' of ITAT vide order dated 25th March, 2011 in ITA No.6082/Del/2010 for Assessment Year 2005-06 has disposed of the appeal. The assessee filed miscella....

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..... In other words, the amount which is reduced from export turnover in the numerator then the same is to be excluded from the total turnover in the denominator. The learned AR placed reliance on various decisions including the decision of Delhi High Court in the case of HCL Technologies vs. ACIT in ITA Nos.1320 & 1446/Del/2008. On the other hand, the learned CIT-DR supported the order of the Assess....

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....10A of the Act by submitting that it had estimated that 5% of internet charges were attributable to the transfer of software and not the 20% of entire communication expenses as had been taken by the AO. It has also been stated that the AO had wrongly held that the entire insurance charges including insurance of business premises were attributable to the delivery of software outside India. DRP in v....

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....xcluded from the export turnover as defined in Explanation 2(iii) below section 10B of the Income-tax Act, 1961, should also be excluded from the figure of total turnover while applying the formula prescribed by sub-section (4) of section 10B of the Act. Since the issue is covered by the decision of Special Bench in the case of Sak Soft Ltd. (supra), which had been followed by the various Benches ....