2018 (11) TMI 1640

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....: Shri Guru Bashyam, JCIT For the 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) ....

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....this Tribunal in Sak Soft Limited (supra) is 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 a....

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....be examined. The CIT(Appeals) may not have power 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 surcharg....