2009 (11) TMI 957

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....ountant Member) For the Appellant : Swathi S Patil For the Respondent : Vikash Dhariwala ORDER George George K (Judicial Member) This appeal preferred by the revenue is directed against the order of the learned Commissioner of Income-tax (Appeals) - IV, Bangalore dated 30.04.2009. The assessment year concerned is 2004-05. 2. The revenue has raised the following effective grounds ....

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....0/-. However, when the issues relating to TP adjustment are re-examined in the light of the direction issued by the CIT(A), there is likelihood of variation in the deduction u/s 10A. Consequently, the tax effect for appeal purpose would be more than Rs. 2,00,000/-. Hence, the appeal is necessary to file before ITAT. The brief facts of the case are as follows : 3. The Software & Silicon Syste....

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....STP1 registered undertaking was from Export Turnover only. The company therefore claimed deduction u/s 10A of the Act, of the entire income of the undertaking, as both Export Turnover and Total Turnover of the undertaking was same. 3.3 The company had taken a data circuit connectivity link line for connectivity in India for accessing internet, servers etc. and involves charges only for uplinking o....

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....ting the entire (100%) output of the said STP1 registered undertaking, the deduction of the entire profit of the undertaking u/s 10A of the Act has not been granted by the AO. 4. Against the order of the AO, assessee filed appeal before the CIT(A). The CIT(A) relying on the various decisions of the Tribunal including M/s Tax Elxsi Ltd. (ITA No.315/Bang/2006 and M/s I Gate Global Solutions Ltd. ....