2018 (7) TMI 1630

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....Nandakumar [Senior Advocate], Sri.P. Benny Thomas, Sri.P.Gopinath And Sri.K.John Mathai For The Respondent : By Senior Counsel For Government of India (Taxes) Sri.P.K.R.Menon And by Standing Counsel For Government of India (Taxes ) Sri.Jose Joseph JUDGMENT Vinod Chandran, J: Four appeals by the assessee [I.T.A.Nos.411, 412, 415 & 418 of 2010] and one by the Revenue [I.T.A.No.416 of 201....

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....Revenue filed an appeal before the Tribunal, which held that the assessee can claim exemption only under the IT Act. 4. The question that arose in the Revenue's appeal is as to whether the travel charges, telephone charges and professional consultancy charges reimbursed by the foreign client for services rendered outside the country are to be excluded from the total turnover under Section 1....

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....r Section 3 of the FTDR Act, which granted complete exemption from the income tax payable for five years from the date of commencement. The Assessing Officer, however, refused to grant the claim under the notification at Annexure-A, but allowed it under Section 10A of the IT Act. The Tribunal reversed the order of the CIT and upheld that of the Assessing Officer. The assessee had contended before ....

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....al. We are in agreement with the finding so entered by the Tribunal. We are informed that the assessee, after the aforesaid order of the Tribunal, has, for the subsequent years, claimed the benefit under Section 10A of the IT Act. In such circumstances, the question of law raised in the appeals of the assessee is answered in favour of the Revenue and against the assessee. The appeals filed by the ....