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Income Tax Appellate Tribunal, “A” BENCH, CHENNAI
Before: SHRI DUVVURU RL REDDY & SHRI S. JAYARAMAN
आदेश /O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER:
The assessee filed this appeal against the order of the Commissioner of Income Tax (Appeals)- 3, Chennai in dated 31.03.2016 for the assessement year 2010-11.
:-2-: ITA No: 2315/Chny/2016
The case was heard through video conferencing. The Ld. AR submitted that against the order of this tribunal ‘A’ Bench in 29.06.2017, the assessee filed an appeal before the Hon’ble Jurisdictional High Court, wherein on its substantial Question of Law no 4 i.e., Whether under the facts and circumstances of the case the Tribunal was right in holding that the expenditure incurred by the appellate in foreign currency which was not included in the ‘Export Turnover’ is to be excluded from the ‘Export Turnover’ ?, the Hon’ble High Court held remanded to the Tribunal for fresh consideration after affording an opportunity to the assessee.
2.1 In pursuance of such matter, this case was posted for hearing. The Ld. AR inviting our attention to the paperbook wherein, the order of CMP No. 13829 of 2020 in TCA No. 292 of 2018 dated 23.12.2020 and the order of this tribunal in 29.10.2018 (recalled order) etc placed and submitted that against the original ITAT order in dated 29.06.2017, the assessee filed an appeal before the Hon’ble High Court. Meanwhile, it filed a Miscellaneous Petition before the Hon’ble Tribunal. Subsequently, the Hon’ble Tribunal passed the recalled order on 29.10.2018, supra, holding that the assessee was eligible to claim deduction u/s. 10A of the Act on the enhanced income, after the disallowance made u/s. 14A of the Act
:-3-: ITA No: 2315/Chny/2016 and directed the Assessing Officer to rework the deduction available to the assessee u/s. 10A of the Act accordingly. Thus, the impugned ground No. 1.6 of the assessee is allowed. Since, the issue is already settled by the Hon’ble ITAT in the recalled order in the assessee’s favour, this appeal may be dismissed as withdrawn. Per contra, the Ld. DR submitted that since, the issue is already settled by the Hon’ble Tribunal in the recalled order in favour of the assessee, she has no objection to the Ld. AR’s submissions.
We heard the rival submissions. Since, the assessee’s ground no. 1.6 which was subject matter of the substantial Question of Law no. 4, supra, is decided by the Hon’ble Tribunal in the recalled order, supra, in favour of the assessee, we dismiss this appeal as withdrawn.
In the result, the appeal filed by the assessee is dismissed as withdrawn.
Order pronounced on 06th September, 2021 at Chennai.
(एस जयरामन) (धु�वु� आर. एल रे�डी) (S. JAYARAMAN) (DUVVURU RL REDDY) �या�यकसद�य/Judicial Member लेखासद�य/Accountant Member