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2016 (3) TMI 288

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....ice President This appeal by the Revenue is directed against the order passed by the Commissioner of Income-tax (Appeals) III, Hyderabad and it pertains to assessment year 2005-06. 2. The only issue urged by the Revenue in this appeal is with regard to computation of deduction under S.10A of the Act; whether communication charges are to be excluded from the total turnover for the purpose of comp....

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....cer rejected the contention of the assessee, referring to the meaning of 'export turnover' as given in Explanation 2(iv) to S.10A. The Assessing Officer concluded that the assessee incurred expenditure for delivery of goods outside India and the same deserves to be excluded from the figure of export turnover and he accordingly re-determined the claim of exemption under S.10A of the Act. 5....

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....i(SB)). 6. Aggrieved, Revenue is in appeal before us. 7. At the time of hearing, Learned Departmental Representative strongly relied upon the order passed by the Assessing Officer, whereas the learned counsel for the assessee referred to para4.3 of the order of the CIT(A) to submit that the issue is squarely covered by the decision of the Special Bench as well as by the decisions of the Hyderaba....

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....h Court thus confirmed the view taken by the ITAT Special Bench Chennai in holding that any expenditure which is excluded from the export turnover should also be excluded from the total turnover. 8. We have carefully considered the rival submissions and perused the record. As could be noticed from the view taken by the various High Courts as well as ITAT Special bench Chennai in the cases referre....