2008 (10) TMI 646

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.... : These two appeals preferred by the Revenue are directed against separate orders of the learned CIT(A), dt. 1st Feb., 2007 for the asst. yr. 2003-04 and dt. 19th Nov., 2007 for the asst. yr. 2004-05. Against the appeal of the Revenue for the asst. yr. 2004-05, being ITA No. 142/Hyd/2008, the assessee has also filed its cross-objection, being C.O. No. 6/Hyd/2008. Since facts are identical and i....

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....duced the data communication link charges amounting to ₹ 4,12,14,276 and expenditure in foreign exchange amounting to RRs. 9,91,279 from the total export sale proceeds to arrive at the export turnover. The AO after making certain other disallowances, completed the assessment for the asst. yr. 2003-04 on a total income of RRs. 57,64,630, vide order of assessment dt. 29th March, 2006 passed un....

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....gure of total turnover, and accordingly partly allowed the appeals. 4. Being aggrieved by the orders of the learned CIT(A), Revenue is in appeal before us. Effective common grounds of appeal taken by the Revenue in these appeals read as follows : "1. ........... 2. The CIT(A) erred in directing the AO to exclude the expenses under communication charges and foreign exchange from total turno....

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....s Tribunal in the case of Patni Telecom (supra), while observing on the facts of that case that there is no scope for any exclusion from the export turnover on account of communication expenses, held as follows : "7.4 .......In order to make the formula for the purpose of 'export turnover' in s. 10A workable one has to give a schematic interpretation to the formula. Elimination shoul....