2014 (7) TMI 1167

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....GMENT (per the Hon'ble The Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred against the judgment and order of the learned Tribunal dated 16.01.2014 in I.T.A.No.115/Hyderabad/2011 in relation to the assessment year 2006-07 on the following suggested questions of law. (i) In the facts and circumstances of the case, whether the Hon'ble Tribunal (ITAT) is correct....

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....w in directing that the communication charges shall not be excluded from Export Turnover though Explanation 2 to Section 10A of the Income Tax Act 1961 clearly states that they need to be excluded? (iv) In the facts and circumstances of the case, whether the Hon'ble Tribunal (ITAT) is correct in law in holding that foreign exchange fluctuation arisen on account of conversion of funds in EEPC ac....

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....as arrived at by the Tribunal on appreciation of fact, we do not find any wrong in it. As far as the second issue is concerned, the Tribunal found that the royalty is not payable as required under Section 9(1)(i) of the Act or Article 12 of India-Netherlands DTAA. As it was a case of frequent purchases of software, the question of payment of expenses incurred on account of the import does not aris....