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TMI Blog2015 (12) TMI 566X X X X Extracts X X X X X X X X Extracts X X X X ..... mputer softwares and is entitled to deduction under Section 10A of the Act. In the circumstances, the disallowed expenditure, becomes a part of the income derived from the activity of export of software and entitled to the deduction under Section 10A of the Act. In these circumstances, as the issue stands concluded by the decision of this Court in the case of Gem Plus Jewellery India Ltd. (2010 (6) TMI 65 - BOMBAY HIGH COURT) against the Revenue and in favour of the Respondent Assessee. - Income Tax Appeal No.1725 of 2013 - - - Dated:- 24-11-2015 - M. S. Sanklecha And G. S. Kulkarni, JJ. For the Appellant : Mr. Suresh Kumar i/b Vipul Bajpayee For the Respondent : Ms. Megha Sharma ORDER P. C. 1. This appeal filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 12th October 2012, allowed the Respondent Assessee's appeal. This was by holding that increase in income on account of disallowance of expenditure would result in additional claim being allowed under Section 10A of the Act. The decision of this Court in the case of the Commissioner of Income Tax Vs. Gem Plus Jewellery India Ltd. (2011) 330 ITR 175, was followed. 5. Being aggrieved, the Revenue carried the issue in Appeal before the Tribunal. The Tribunal by the impugned order upheld the order dated 12th October, 2002 of the Commissioner of the Income Tax (Appeals), by following the decision of this Court in Gem Plus Jewellery India Ltd. (Supra) and dismissed the Revenue's appeal. 6. The grievance of the Revenue is that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e employer's contribution and section 36(v) read with section 2(24) (x) in the case of the employee's contribution which has been deemed to be the income of the assessee. The plain consequence of the disallowance and the add back that has been made by the Assessing Officer is an increase in the business profits of the assessee. The contention of the revenue that in computing the deduction under Section 10A the addition made on account of the disallowance of the provident fund / ESIC payments ought to be ignored cannot be accepted. No statutory provision to that effect having been made, the plain consequence of the disallowance made by the Assessing Officer must follow. The second question shall accordingly, stand answered against th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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