2014 (10) TMI 1016

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....landlord and registration expenses of Chennai unit are in the nature of capital expenditure? 2. Whether on the facts and in the circumstances of the case, the Honourable Tribunal was right in law in holding that the telecommunication expenses are to be excluded from the export turnover when such expenses were not part of negotiated price and hence did not originally form part of negotiated price and hence did not originally form part of export turnover? 3. Whether on the facts and in the circumstances of the case, the Honourable Tribunal was right in law in holding that the benefit of tax holiday under Section 10-A is not available in respect of interest income although the same formed part of business income of the appellant?" 2. I....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of the unit. The finding recorded by the three authorities that two months prior to the commencement of the unit constitutes the capital expenditure is unsustainable. Similarly, the payment of registration fees constitutes capital expenditure is unsustainable and therefore,the findings recorded by the three authorities are hereby set aside and the 1st substantial question of law is answered in favour of the assessee and against the revenue. 4. Insofar as the 2nd substantial question of law is concerned, this Court in a similar circumstances in the case of M/s.Sasken Communication Techonologies Ltd., vs. The Deputy Commissioner of Income tax in ITA Nos.40-42/14 & other connected matters, decided on 16.09.2014, had remanded the matter to th....