COMMISSIONER OF INCOME TAX vs. M/S GLAXO SMITHKLINE ASIA P.LT

2006 Admit. Following substantial questions of law arise for consideration: ?1. Whether ITAT was correct in law in deleting the disallowance made by the Assessing Officer out of administrative expenses paid by the assessee to M/s. SBCH on the ground that the order passed by ITAT for assessment year 1998- . . 1999 and 1999-2000 was applicable to the present year also despite the fact that the facts are distinguishable? .

Whether ITAT was correct in law in holding that while computing deduction under Section 80HHC(3)(b) only those indirect cost which are attributable to the exports are to be excluded from the turnover derived from export of trading goods? . .

Whether ITAT was correct in law in holding that 90% of royalty income is not to be excluded from the profits of the business as per Explanation (baa) while computing deduction under Section 80HHC ? .

Whether ITAT was correct in law in deleting the interest charged by Assessing Officer under Section 234-D of the Act holding that the provisions are not applicable to the present year as the assessment order was passed before 01.06.2003? . Appellant is directed to file the Paper books within three months as per rules. . . . VIKRAMAJIT SEN, J . . . S. MURALIDHAR, J NOVEMBER 27, 2006 dn . 102