2013 (8) TMI 1069

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.... by : Shri Mohd. Afzal ORDER PER CHANDRA POOJARI, A.M.: This appeal filed by the Revenue is directed against the order passed by the CIT(A)-III, Hyderabad dated 28/12/2012, for assessment years 2006-07. 2. Briefly the facts of the case are that the assessee is engaged in the business of software development. During the course of assessment proceedings, the Assessing Officer found that ....

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....IT Vs. Softol India Ltd., ITA No. 757/Hyd/2006 and Patni Telecom (P) Ltd. Vs. ITO, 308 ITR 414. 4. After considering the submissions of the assessee, the CIT(A) following the decision of the ITAT in case of Patni Telecom (P) Ltd. (supra) held that foreign travel expenses, costs of services and professional charges related to the software export are to be reduced from export turnover as has been....

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....low. We find that the issue in dispute is squarely covered by the decision of the coordinate bench in the case of Patni Computers Ltd. (supra) and also Special Bench of the Chennai Tribunal in the case of ITO Vs Saksoft Ltd (313 ITR AT 353) wherein it was held that "expenses excluded from export turnover should also be excluded from the total turnover". The Hon'ble Karnataka High Court has also ta....