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2011 (10) TMI 372

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..... sel for the revenue as well as Mr. Parthasarathy, learned counsel representing the respondent-assessee. 2. Appeal came to be admitted, on the following substantial questions of law. "(i) Whether the Tribunal was correct in holding that the expenses reduced from the export turnover for the purpose of computing deduction under Section 10A of the Act has to be reduced from the total turnover? (ii) .....

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..... d others, in the case of CIT v. Tata Elxsi Ltd. 3. The substantial questions of law raised in the appeal in those appeals are similar to the substantial questions of law in the present appeal as well. The Principal Bench answered the substantial questions of law in favour of the assessee and against the revenue. 4. In that view of the matter, the present substantial questions of law 1 and 2 are .....

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..... fact remains that there was non-payment though it became due for the earlier assessment year, but, the demand came to be made in the assessment year 2004-05 and actually spent in the year 2004-05. Therefore, deduction was claimed at the time of filing returns. 6. We are of the opinion, as there was demand for the assessment year 2004-05, the assessee was entitled to claim deduction in the assess .....

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