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2018 (5) TMI 1878

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..... in computing the export turnover and total turnover, the Ld.AR invited our attention to decision in the case of HCL Technologies Ltd. Ors. [ 2018 (5) TMI 357 - SUPREME COURT] wherein it is held that the expenses excluded from export turnover have to be excluded from the total turnover also. Otherwise, any other interpretation makes the formula unworkable and absurd. In view of that the correspondi .....

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..... ue filed this appeal against the order of the Commissioner of Income Tax (Appeals)-6, Chennai, in ITA No.50/CIT(A)-6/2016-17 dated 19.09.2017 for the AY 2013-14. 2. M/s .Infastech Fastening Technologies India Pvt. Ltd., the assessee, is engaged in the business of manufacturing and supply of electronic fasteners and installation products for telecommunication companies. It claimed deduction u/s.1 .....

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..... the Law and facts of the case. 2.1 The CIT(A) erred in directing the AO to re-compute the deduction by reducing exclusions in the export turnover, from the total turnover as well by upholding the decision of ITAT Chennai in the case of M/s. Sak Soft Ltd reported in 313 ITR 353, which was not accepted by the department and pending for adjudication. 3.1. The CIT(A) erred in allowing the surch .....

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..... l Nos.8489-8490 of 2013 dated 24.04.2018 wherein it is held that "the expenses excluded from export turnover have to be excluded from the total turnover also. Otherwise, any other interpretation makes the formula unworkable and absurd." In view of that the corresponding grounds of the Revenue's appeal are dismissed. 5. In respect of the disallowance made with regard to the surcharge and the educ .....

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