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TMI Blog2021 (3) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Tribunal, Chennai "D" Bench, (for brevity, the Tribunal) for the Assessment Year 2004-05. 2. Since the issue involved in both the appeals are identical, both the appeals are disposed of by this Common Judgment. 3.1 The assessee company is engaged in the business of Software Analysis, Design and Development and claims deduction under Section 10B for the Assessment Year 2004-05. The assessee had total export turnover of Rs. 22,89,02,985/-. Out of the same, the assessee had utilised the export profits to the tune of Rs. 6,00,07,757/- in U.S.A. for the purpose of carrying on export activities. The Assessing Officer held that the said amount had not been received in convertible foreign exchange in India within the prescribed time under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in foreign exchange on onsite development of computer software, the Tribunal following the Special Bench's decision in the assessee's case for the assessment year 2003-04, decided the issue in favour of the assessee. 3.5. Challenging the Common orders passed by the Income Tax Appellate Tribunal the Revenue has filed the above appeals. 4.The above appeals were admitted on the following substantial questions of law : TCA No.382 of 2011 "(i) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the expenditure of Rs. 2,15,18,654/- incurred in foreign exchange for providing technical services outside India should not be excluded from the export turnover for the pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assailing the judgment dated 01.08.2014 passed by the High Court of Karnataka at Bangalore in I.T.A. No. 1075 of 2008. 2. When the petition is taken up for consideration Mr. Vikramjit Banerjee, learned Additional Solicitor General appearing for the petitioner-Revenue and Mr. Parcy Pardiwala, learned senior counsel appearing for the respondent, are in agreement that SLP(C)No.2373/2015 preferred by the Revenue in respect of connected ITA NO.196 of 2009 which was disposed of by the very same common Order dated 01.08.2014, was dismissed by this Court on 28.01.2019 having taken note similar grounds raised in the special leave petition. 3. Hence taking note of the fact that in respect of common judgment this Court has already dismissed SLP(C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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