2009 (5) TMI 947

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....Vice President) 1. This appeal filed by the department relates to the asst. year 2003-04. The assessee is a company engaged in the research and development activities in the field of computer software. The appeal arises out of the assessment order framed u/s.143(3) of the Income-tax Act on 10.3.2006. None appeared on behalf of the assessee before us despite notice and, therefore, the appeal is ....

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.... section. An identical controversy in relation to section 10B of the Act which contains provisions in parimateria with section 10A has been decided by the Special Bench of the Tribunal at Chennai, in the case of M/s. Sak Soft Ltd., in ITA Nos.691 and 1953/Mds/2007, dt.6.3.2009, for the asst. years 2002-03 and 2003-04. In that decision it was held that even in the absence of the definition of '....

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....nch (supra). Therefore, respectfully following the order of the Special Bench, we uphold the decision of the Commissioner of Income-tax (Appeals) in which he has held that the expenditure incurred in foreign currency should also be deducted from the 'total turnover' for the purpose of applying the formula u/s.10A(4). Thus the grounds are dismissed. 3. Ground nos.4 to 6 relate to the ded....

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....r it has been held by the Tribunal that the computations u/s.10A and 80HHE are independent ad quarantined and there would be no interplay between them. It was thus held that "Once the deduction u/s.10A is computed, the same would oust other incentive deductions like section 80HHE from being available". Since the identical controversy projected by ground nos.4 to 6 before us has been decided in fav....