Deputy Commissioner of Income Tax v. Binary Semantics Ltd.

SH. GAUTAM R CHADHA,NEW DELHI vs. ACIT, NEW DELHI

The appeal of the assessee is allowed

Bench: Shri N.K. Saini & Shri Kuldip Singh

…ate Bench of the Tribunal in assessee’s own case for AY 2004-05, available at pages 1 to 10 of the paper book, settled the identical issue in favour of the assessee by following the decision rendered by ITAT, Delhi Bench in case of DCIT vs. Binary Sematics – 109 TTJ 556 wherein it is held that, “the total turnover in the denominator and export turnover in the numerator have to be read in the same manner and directed the AO to exclude these items from the total turnover also while computing the deduction u/s 10A of the Act.” Since this issue has already attained finality the link charges amounting to Rs.15,89,95…

HCL TECHNOLOGIES BPO SERVICES LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeal of the assessee is allowed

Bench: Shri N.K. Saini & Shri Kuldip Singh

…ate Bench of the Tribunal in assessee’s own case for AY 2004-05, available at pages 1 to 10 of the paper book, settled the identical issue in favour of the assessee by following the decision rendered by ITAT, Delhi Bench in case of DCIT vs. Binary Sematics – 109 TTJ 556 wherein it is held that, “the total turnover in the denominator and export turnover in the numerator have to be read in the same manner and directed the AO to exclude these items from the total turnover also while computing the deduction u/s 10A of the Act.” Since this issue has already attained finality the link charges amounting to Rs.15,89,95…

ACIT, NEW DELHI vs. M/S. H & S SOFTWARE DEVELOPMENT AND KNOWLEDGE MGM. CENTRE PVT. LTD., NEW DELHI

Bench: Shri S.V. Mehrotra & Shri Kuldip Singh

…. AR for the assessee to support the order passed by ld. CIT (A) relied upon the decisions rendered by the ITAT, Delhi Bench in (i) DCIT vs. Global Logic India (P) Ltd. – (2013) 56 SOT 373; and (ii) DCIT vs. Binary Semantics Ltd. 9 ITA No6509/Del./2012 – 109 TTJ 556; and Hon’ble Karnataka High Court in case of CIT vs. Tata Elxsi Ltd. – 115TTJ 423 (Karnataka). 16. The issue, “as to whether telecommunication expenses are required to be excluded from the total turnover while calculating the deduction u/s 10A” has already been addressed (supra) wherein the issue has been decided in favour of the assessee by…

ITO, NEW DELHI vs. M/S. FIS GLOBAL RECOVERY SERVICES INDIA PVT. LTD., NEW DELHI

In the result, the appeal is dismissed

Bench: Sh. Sudhanshu Srivastava & Sh. O.P. Kant

…number of cases and it has been held that whatever is not included the export turnover should not be included in the total turnover. ” 1) The jurisdictional Delhi Tribunal in the case of Deputy Commissioner of Income Tax vs. Binary Semantics Ltd. reported in 109 TTJ 556, where in it was held as under: “The question before us is whether, in absence of the definition of the term "total turnover" in s. 10A, it should be interpreted by having recourse to the definition of the term "export turnover" furnished in the section? We have furnished the definition of the term "export turnover" already. It has also been poin…

ITO, NEW DELHI vs. M/S. FIS GLOBAL RECOVERY SERVICE INDIA PVT. LTD., NEW DELHI

In the result, the appeal is dismissed

Bench: Sh. Sudhanshu Srivastava & Sh. O.P. Kant

…number of cases and it has been held that whatever is not included the export turnover should not be included in the total turnover. ” 1) The jurisdictional Delhi Tribunal in the case of Deputy Commissioner of Income Tax vs. Binary Semantics Ltd. reported in 109 TTJ 556, where in it was held as under: “The question before us is whether, in absence of the definition of the term "total turnover" in s. 10A, it should be interpreted by having recourse to the definition of the term "export turnover" furnished in the section? We have furnished the definition of the term "export turnover" already. It has also been poin…