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Income Tax Appellate Tribunal, ‘B’ BENCH: BANGALORE
Before: N.V.VASUDEVAN & SHRI ABRAHAM P.GEORGE
Per ABRAHAM P. GEORGE, AM:
This is a departmental appeal in which it assails the order of the CIT(A) to exclude re-imbursement of certain expenditure, not considered as part of export turnover by the Assessing Officer (AO), from the total turnover also while computing the deduction available to the assessee under sec.10A of the Income-tax Act, 1961 [hereinafter referred to as 'the Act' for short].
M/s.Secon Pvt.Ltd. Page 2 of 2 2. We have heard the counsel for both sides. CIT(A) had relied on the judgment of the jurisdictional High Court in the case of CIT vs. Tata Elxsi (349 ITR 98) for directing the exclusion of the item not included in export turnover from the total turnover also. Just because Special Leave Petition filed against the above judgment in the Supreme Court, will not in our opinion, be a good reason to disturb the directions given by CIT(A), yielding to wisdom of the Hon’ble jurisdictional High Court. We thus do not find any reason to interfere with the order of the ld.CIT(A).
Appeal of the Revenue is dismissed.