2018 (3) TMI 1635

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....1 ['the Act'] against the order dated 22.02.2017 as passed by the Income Tax Appellate Tribunal, Bengaluru, ['the Tribunal'] in ITA. No.45/Bang/2016 (relating to the Assessment Year 2007- 2008). Shorn of unnecessary details, the relevant background aspects of the matter are that the respondent-assessee, said to be engaged in the business of software development and sales and support services to Intel group worldwide, in its return of income, claimed deductions under Section 10-A of the Act. The Assessing Officer, though allowed exclusion of certain expenses from the export turnover, in terms of clause (iv) of Explanation 2 to Section 10-A of the Act, but did not accept the other submissions of the assessee that these expenses were to be ....

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.... revenue. 3. In result, the appeal by the revenue is dismissed.'' Seeking to assail the order so passed by the Tribunal, it is sought to be argued on behalf of the Revenue that the Tribunal was not right in allowing the expenses, that had been reduced from export turnover, to be also reduced from the total turnover, since nothing in Section 10-A of the Act provides for such an exclusion. Having heard the learned counsel for the appellants and having examined the law applicable, we are satisfied that no substantial question of law is involved and this appeal does not merit admission. The method of computing the exemption under Section 10-A of the Act and precisely, the question as to whether the expenses excluded from the export ....