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TMI Blog2019 (4) TMI 1107X X X X Extracts X X X X X X X X Extracts X X X X ..... so approved by CIT Vs. HCL Technologies Ltd. 2018 (5) TMI 357 - SUPREME COURT] and therefore, we decline to interfere in the order of CIT (A) directing the AO to recompute the deduction allowable u/s 10A of the Act after reducing expenditure incurred in foreign currency towards telecommunication expenses foreign travel expenses from the export turnover. - Decided against revenue. - ITA Nos.1196 & 1197/Bang/2018, C.O. Nos. 94 & 95/Bang/2018 - - - Dated:- 15-2-2019 - Shri Arun Kumar Garodia, Accountant Member And Shri Pavan Kumar Gadale, Judicial Member For the Assessee : Shri Sagar Nagaraj, CA For the Revenue : Shri Smarak Swain, JCIT (DR) ORDER PER BENCH These two appeals are filed by the revenue and these t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... maintainable. In reply, ld. DR of revenue could not show that tax effect in this case is more than ₹ 20 Lakhs. Hence in view of latest CBDT instructions as per Circular No. 3/2018 dated 11.07.2018, we hold that this appeal of revenue is not maintainable because of low tax effect. 5. In the result, the appeal of the revenue for Assessment Year 2012-13 and both the C.Os. of assessee are dismissed. 6. Now we take up the appeal of the revenue for Assessment Year 2013-14 in ITA No. 1197/Bang/2018. The grounds raised by the revenue are as under. 1. The Order of the Ld. CIT(A) is opposed to the law and the facts of the case. 2. The CIT(A) was not justified in directing the AO to recompute the deduction allowable u/s 10A of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the judgement of Hon ble Apex Court also having been rendered in the case of CIT Vs. HCL Technologies Ltd. as reported in [2018] 93 taxmann.com 33 (SC). He submitted a copy of this judgement of Hon ble Apex Court. 8. We have considered the rival submissions. We find that the issue in dispute in this appeal is on this aspect as to whether for the purpose of computing the deduction allowable to the assessee u/s. 10AA, various expenses incurred on telecommunication expenses incurred in foreign currency for rendering services outside India is to be reduced from export turnover only or from total turnover also. As per the judgement of Hon'ble Karnataka High Court rendered in the case of CIT Vs. Tata Elxsi Ltd. (supra), it is held that tot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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