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TMI Blog2015 (5) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... es not call for any interference and accordingly the same is confirmed - Decided against Revenue. - IT(TP)A No.594/Bang/2012, CO No.3/Bang/2015, IT(TP)A No.594/Bang/2012 - - - Dated:- 27-3-2015 - N V Vasudevan, JM Abraham P George, AM,JJ. For the Appellant : Shri P Dhivahar, Jt. CIT (DR) For the Respondent : Shri K R Girish, CA ORDER Per: N V Vasudevan: The appeal is by the revenue and the cross objection by the assessee against the order of the CIT(Appeals)-I, Bangalore relating to assessment year 2007-08. 2. The assessee is engaged in the business of manufacture, repair, overhaul and maintenance services for aircraft safety and evacuation systems. The manufacturing activities are carried out by a 100% EOU div ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exchange in accordance with sub-section (3), but does not include (i) freight, telecommunication charges or insurance attributable to the delivery of the articles or things or computer software outside India or (ii) Clause (iii) of Explanation to section 10B of the Act also provides an identical definition to the term export turnover. 5. According to the AO, in view of the aforesaid definition of export turnover, telecommunication expenses, freight outwards and foreign travel expenses had to be excluded from the export turnover for the purpose of computing deduction u/s. 10A/10B of the Act. The plea of the assessee before the AO was that telecommunication and freight expenses incurred by the assessee did not form part of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utside India and therefore, ought not to have been excluded from the export turnover. 11. We have heard the rival submissions. As far as the appeal of the Revenue is concerned, the only grievance of the Revenue is that the decision of Hon'ble High Court of Karnataka in Tata Elxsi (supra) has not attained finality and a SLP by the department is pending before the Hon'ble Supreme Court. We are of the view that as of today, law declared by the Hon'ble High Court of Karnataka which is the jurisdictional High Court is binding on us. We therefore hold that the order of CIT(A) does not call for any interference and accordingly the same is confirmed. 12. As far as the cross objection of the assessee is concerned, we are of the vie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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