2018 (11) TMI 1640

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....Respondent : Sh. SP. Chidambaram, Advocate ORDER PER N.R.S. GANESAN, JUDICIAL MEMBER: This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) -15, Chennai, dated 28.09.2017 and pertains to assessment year 2009-10. 2. The first issue arises for consideration is with regard to direction of the CIT(Appeals) to exclude the expenditure incurred in forei....

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....stayed by the High Court. In those circumstances, this Tribunal is of the considered opinion that the CIT(Appeals) has rightly followed the order of this Tribunal in the case of Sak Soft Limited (supra). 4. Even otherwise, the denominator and numerator should be of the same factor. Therefore, once it was taken as export turnover, it should be taken as total turnover also. In this case, the Asses....

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.... to set aside the order of the Assessing Officer for re-examination. However, the matter needs to be re-examined by the Assessing Officer. Therefore, in exercise of power conferred on this Tribunal, the Assessing Officer is directed to re-examine the matter in respect of Unit II also. 7. The next issue arises for consideration is claim of surcharge and education cess for the purpose of computing....