2016 (3) TMI 830

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.... Mistry, Senior Counsel, a/w Atul Jasani ORDER P. C. 1. This Appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961 ( the "Act") challenges the order dated 31st January, 2013 passed by the Income Tax Appellate Tribunal ("Tribunal"). The impugned order relates to Assessment Year 2004-05. 2. The revenue has raised a following questions of law for our consideration: ....

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.... that while computing the income exempt u/s. 10A of the Income Tax Act, 1961, communication charges should be excluded from the "total turnover" by relying upon the decision of the Special Bench of the ITAT in the case of Sak Soft Ltd. [2009] 313 ITR (AT) 353 (Chennai), when the Income Tax Department has not accepted the principles laid down by the said decision and as an SLP has been filed by the....

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....resh Kumar, learned counsel for the revenue very fairly states that the issue raised herein is stand concluded against the revenue by the decision of this Court in Gem Plus Jewellery India Ltd. (supra). However, he points out that the revenue is in appeal before the Apex Court from the order of this Court in Gem Plus Jewellery India Ltd. (supra). Be that as it may, as the questions as raised for o....