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TMI Blog2013 (4) TMI 119X X X X Extracts X X X X X X X X Extracts X X X X ..... he export turnover, on which the assessee has been granted deduction. Since the finding of the lower authorities are to the effect that payment made to the canvassing agent by the assessee is not for any professional or technical service, no deduction is called for in terms of Explanation 2(iii) of sub Section (9A) of Section 10B for the purpose of computation of deduction under sub Section (4) of Section 10B - Appeals filed by the Revenue is dismissed. - I.T.A. Nos. 502, 503 & 604 of 2009 - - - Dated:- 23-2-2012 - C.N. RAMACHANDRAN NAIR BABU MATHEW P. JOSEPH, JJ. A PPELLANT: BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT: BY ADV. SRI.T.M.SREEDHARAN BY ADV. SMT.C.K.SHERIN BY ADV. SRI.V.P.NARAYANAN ............. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reed with the claim of the assessee and therefore the Revenue has filed these appeals against the common order of the Tribunal rendered for the assessment years from 2004-05 to 2006-07. 3. We have heard learned Senior Standing Counsel Shri.P.K.R.Menon appearing for the Revenue and learned Senior counsel Shri.T.M.Sreedharan appearing for the assessee. 4. Since the question raised is only on the scope of deduction under Section 10B(4), we extract hereunder the said Section with the definition clause of "Export Turnover" contained in Clause (iii) of Explanation 2 to Section 10B(9A) of the Act. "10B(4) : For the purposes of sub-section (1), the profits derived from export of articles or things or computer software shall be the amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should be deducted as provided under Explanation clause 2(iii) of sub Section (9A) of Section 10B while determining export turnover for computation of deduction under sub Section (4) of Section 10B. 6. Learned Senior counsel appearing for the assessee, on the other hand, contended that the commission payment is made only to the agent abroad for canvassing orders and he is not rendering any technical or professional service. According to him, the commission paid is only around 5% of export turnover. 7. After hearing both sides and ongoing through the orders, we notice that the assessee has received the entire sale proceeds in converted foreign exchange which constitute export turnover under the main part of the definition clause above s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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