2009 (8) TMI 1195

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....DER Shailendra Kumar Yadav (Judicial Member) This appeal has been filed by the assessee against the order of CIT, Bangalore dated 20-01-2009 for the assessment year 2004-05 on the point of foreign travel expenses incurred in foreign currency from the export turnover for the purposes of computing deduction u/s10A of the IT Act, 1961. 2. We have discussed and decided this issue in favour of asses....

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....avel is to be reduced from the export turnover, a similar reduction should be made to calculate 'total turnover' for the purposes of computation of deduction u/s 10A. The expenditure incurred on foreign travel for delivery of software should be reduced from the export turnover and corresponding reduction should also be made from the total turnover, while computing the deduction u/s 10A in view of ....

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....ing the formula, sec.10A defines only one term namely 'export turnover'. The other two terms 'profits of the business' and 'total turnover' are not defined. Since the section proceeds broadly on lines similar to section 80HHE, so in the absence of the definition of any term in section 10A, one could refer to the definition of a similar term in section 80HHE. Thus the term 'total turnover' for sec.....

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.... case export turnover in the numerator is to be arrived at after excluding certain expenses, the same should also be excluded in computing the 'total turnover' in the denominator. So in case some expenses, for any reason are excluded in arriving at 'export turnover' the same should be reduced from the 'total turnover' also. The ITAT Bangalore Bench, in case of ACIT Vs M/s Infosys Technologies Ltd.....