2018 (11) TMI 269

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....n JUDGMENT T.S.SIVAGNANAM J. We have heard the learned counsel on either side. 2. The Revenue preferred this appeal challenging the order passed by the Income Tax Appellate Tribunal dated 12.5.2008 in ITA.No.465/Mds/2007 for the assessment year 2003-04. 3. The above appeal has been admitted on 19.8.2008 on the following substantial questions of law : "i. Whether, on the facts and in the cir....

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....rom the total turnover to arrive at the denominator in the formula ?" 4. The learned counsel for the appellant fairly submits that substantial question of law No.1, as framed above, cannot be answered in the light of the fact that the assessee has been granted the benefit under Section 10A of the Income Tax Act, 1961 and that the issue has become academic. 5. Recording the said submission, subst....

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....unication and insurance attributable to the delivery of computer software under Section10A of the IT Act are allowed only in Export Turnover but not from the Total Turnover, then, it would give rise to inadvertent, unlawful, meaningless and illogical result which would cause grave injustice to the respondent which could have never been the intention of the Legislature. 20. Even in common parlanc....

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....ion, we are of the considered view that these instant appeals are devoid of merits and deserve to be dismissed. Accordingly, all the connected matters and interlocutory applications, if any, are disposed of with no order as to costs." 8. In view of the above, the third substantial question of law is answered in favour of the assessee and against the Rvenue. 9. The learned counsel for the asses....