2014 (8) TMI 595

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.... JUDGEMENT:- PER : N Kumar This appeal is directed against the order dated 16-05-2008 passed by the Income Tax Appellate Tribunal, Bangalore Bench 'A' (hereinafter referred to as 'the Tribunal' for short) in ITA No.767(Bang)/2007 wherein the Tribunal has partly allowed the appeal filed by the assessee. 2. The appeal was admitted to consider the following substantial questions of law: ....

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....tantial question of law is concerned, this court had an occasion to consider the same in the case of COMMISSIONER OF INCOME TAX M/s. YOKOGAWA INDIA LIMITED AND OTHERS in ITA No.356/2010 and other connected appeals, whereby this court had answered the said substantial question of law in favour of the assessee and against the Revenue. However, it is submitted that the judgment of this court in the a....

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....on 10A then the legislature made clear that foreign exchange relating to the technical services will be excluded. If there is export of goods as well as services, then only that portion will be eligible for deduction which relates to goods and therefore, the Tribunal held that the Assessing Officer is not justified in excluding Rs. 4,86,63,187/- from the export turnover. The said judgment in INFOR....

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....al services. Based on that factual finding, the liability to tax or exemption would arise. The said exercise has not been done in the instant case also. Therefore, we pass the following: ORDER: (1) The finding of the Tribunal, First Appellate Authority as well as the Assessing Authority are hereby set aside (2) The matter is remitted back to the Assessing Authority to determine on the bas....