ITO v. Sak Soft Ltd.

30 SOT 55Income Tax Appellate Tribunal2009#1437 most cited

What is ITO v. Sak Soft Ltd. authority for?

When computing the deduction under Sections 10A or 10AA, if certain expenses (like those incurred in foreign currency or communication expenses) are excluded from 'export turnover' in the numerator, the same expenses must also be excluded from 'total turnover' in the denominator to ensure consistent calculation.

80

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2023.

Also referred to as

ITO v. Sak Soft Ltd. · Section 10A · Section 10AA · export turnover · total turnover · computation of deduction · STPI unit · software technology park · exclusion of expenses · foreign currency expenses · communication expenses · eligible business · tax benefit

Also reported as

313 ITR 353121 TTJ 865

Issues it is cited on

free trade zonestpi unitsoftware technology parktax benefitcomputer softwareeligible businesslive linksection 10asection 10transferprescribedperson

Judgments citing ITO v. Sak Soft Ltd.

LARSEN & TOURBRO INFOTECH LTD,MUMBAI vs. ASST CIT 2(2)(1), MUMBAI

In the result, appeal of the assessee for A

ITA 585/MUM/2017[2007-08]Status: DisposedITAT Mumbai30 Nov 2023AY 2007-08
Section 10Section 10ASection 115JSection 143(3)Section 147Section 148

…prejudice to the aforesaid, the Ld. Senior Counsel appearing for the Appellant submitted that, in any case, as per the decision of the Special Bench of the Tribunal in the case of Income- tax Officer, Company Ward- VI(1), Chennai vs. Sak Soft Limited :[2009] 121 TTJ 865 (Chennai) (SB)[06-03-2009] if the „export turnover‟ is arrived at after excluding certain expenses, the same should also be excluded in computing the “total turnover‟. 24. Per contra, the Ld. Departmental Representative vehemently contended that the Appellant would not engaged in the business of Software Development and therefore, not entitled t…

LARSEN & TOUBRO INFOTECH LTD.,MUMBAI vs. DCIT-2(2)(1), MUMBAI

In the result, appeal of the assessee for A

ITA 2641/MUM/2016[2006-07]Status: DisposedITAT Mumbai30 Nov 2023AY 2006-07
Section 10Section 10ASection 115JSection 143(3)Section 147Section 148

…prejudice to the aforesaid, the Ld. Senior Counsel appearing for the Appellant submitted that, in any case, as per the decision of the Special Bench of the Tribunal in the case of Income- tax Officer, Company Ward- VI(1), Chennai vs. Sak Soft Limited :[2009] 121 TTJ 865 (Chennai) (SB)[06-03-2009] if the „export turnover‟ is arrived at after excluding certain expenses, the same should also be excluded in computing the “total turnover‟. 24. Per contra, the Ld. Departmental Representative vehemently contended that the Appellant would not engaged in the business of Software Development and therefore, not entitled t…

LARSEN & TOUBRO INFOTECH LTD,MUMBAI vs. ADDL CIT RG 2(2), MUMBAI

ITA 1924/MUM/2014[2009-10]Status: DisposedITAT Mumbai31 May 2023AY 2009-10
For Appellant: Shri Percy J PardiwallaFor Respondent: Dr. Yogesh Kamat, CIT DR
Section 10ASection 143(2)Section 143(3)Section 144C(13)Section 144C(5)Section 92C

…t prejudice to the aforesaid, the Ld. Senior Counsel appearing for the Appellant submitted that, in any case, as per the decision of the Special Bench of the Tribunal in the case of Income-tax Officer, Company Ward- VI(1), Chennai vs. Sak Soft Limited :[2009] 121 TTJ 865 (Chennai) (SB)[06-03-2009] if the „export turnover‟ is arrived at after excluding certain expenses, the same should also be excluded in computing the „total turnover‟. Per contra, the Ld. Departmental Representative vehemently 24. contended that the Appellant would not engaged in the business of Software Development and therefore, not entitled…

YCH LOGISTICS LIMITED,KANCHEEPURAM vs. DCIT, CHENNAI

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 944/CHNY/2015[2010-11]Status: DisposedITAT Chennai30 Aug 2022AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 944/Chny/2015 िनधा"रण वष"/Assessment Year:2010-11 M/S. Ych Logistics (India) Private The Deputy Commissioner Of Limited, Plot No. Dv1, Sipcot Hi-Tech Vs. Income Tax, Sez, Phase Ii, Sirumangadu Village, Corporate Circle 3(2), Sriperumbudur Taluk, Kancheepuram Chennai. District, Tamil Nadu 602 105. [Pan:Aaacy2873L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Ajit Kumar Jain, Ca ""थ" की ओर से/Respondent By : Shri S. Palanikumar, Cit सुनवाई की तारीख/ Date Of Hearing : 07.07.2022 घोषणा की तारीख /Date Of Pronouncement : 30.08.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Assessment Order Passed Under Section 143(3) R.W.S. 144C(5) Of The Income Tax Act, 1961 [“Act” In Short] Dated 14.01.2015 Relevant To The Assessment Year 2010-11. 2. Brief Facts Of The Case Are That The Assessee Is Engaged In The Business Of Providing Logistics Services & Filed Its Return Of Income On 20.07.2011 For The Assessment Year 2010-11 Admitting Loss Of 2

For Appellant: Shri Ajit Kumar Jain, CAFor Respondent: Shri S. Palanikumar, CIT
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 92C

…nce no exclusion is called for while arriving at the export turnover for deduction under section 10AA of the Act. After considering the submissions of the assessee and by following the Special Bench decision of the Tribunal in the case of ITO v. Sak Soft Ltd. 121 TTJ 865, the ld. DRP has directed the Assessing Officer to exclude the expenditure incurred in foreign currency and communication expenses from the numerator and the denominator for the purpose of computation of deduction under section 10AA of the Act. Accordingly, in view of the directions of the ld. DRP, in the assessment order, the Assessing Officer h…

DCIT, CHENNAI vs. M/S. SUTHERLAND GLOBAL SERVICES PVT. LTD., CHENNAI

Appeal stands dismissed

ITA 2020/CHNY/2016[2009-10]Status: DisposedITAT Chennai18 May 2022AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Ajay Rotti (CA)-Ld. ARFor Respondent: Shri Abani Kanta Nayak (CIT)-Ld. DR
Section 10ASection 143(3)Section 40

…educed from total turnover as well as held by Hon’ble Supreme Court in the case of CIT V/s Lakshmi Machine Works (290 ITR 667) as well as CIT V/s Catapharma India P. Ltd (292 ITR 641). The decision of special bench of Chennai Tribunal in ITO V/s Saksoft Ltd. (30 SOT 55) was also referred which upheld the doctrine of parity between the export turnover in the numerator and total turnover in denominator for the purpose of Sec.10A / 10B of the Act. The Ld. CIT(A) upheld the disallowance but directed Ld. AO to reduce the provisions from total turnover also. Aggrieved, the revenue is in further appeal before us. 6.3 We…

DCIT, CHENNAI vs. M/S. SUTHERLAND GLOBAL SERVICES PVT. LTD., CHENNAI

Appeal stands dismissed

ITA 2019/CHNY/2016[2010-11]Status: DisposedITAT Chennai18 May 2022AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Ajay Rotti (CA)-Ld. ARFor Respondent: Shri Abani Kanta Nayak (CIT)-Ld. DR
Section 10ASection 143(3)Section 40

…educed from total turnover as well as held by Hon’ble Supreme Court in the case of CIT V/s Lakshmi Machine Works (290 ITR 667) as well as CIT V/s Catapharma India P. Ltd (292 ITR 641). The decision of special bench of Chennai Tribunal in ITO V/s Saksoft Ltd. (30 SOT 55) was also referred which upheld the doctrine of parity between the export turnover in the numerator and total turnover in denominator for the purpose of Sec.10A / 10B of the Act. The Ld. CIT(A) upheld the disallowance but directed Ld. AO to reduce the provisions from total turnover also. Aggrieved, the revenue is in further appeal before us. 6.3 We…

SUTHERLAND GLOBAL SERVICES PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI

Appeal stands dismissed

ITA 2005/CHNY/2016[2010-11]Status: DisposedITAT Chennai18 May 2022AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Ajay Rotti (CA)-Ld. ARFor Respondent: Shri Abani Kanta Nayak (CIT)-Ld. DR
Section 10ASection 143(3)Section 40

…educed from total turnover as well as held by Hon’ble Supreme Court in the case of CIT V/s Lakshmi Machine Works (290 ITR 667) as well as CIT V/s Catapharma India P. Ltd (292 ITR 641). The decision of special bench of Chennai Tribunal in ITO V/s Saksoft Ltd. (30 SOT 55) was also referred which upheld the doctrine of parity between the export turnover in the numerator and total turnover in denominator for the purpose of Sec.10A / 10B of the Act. The Ld. CIT(A) upheld the disallowance but directed Ld. AO to reduce the provisions from total turnover also. Aggrieved, the revenue is in further appeal before us. 6.3 We…

SUTHERLAND GLOBAL SERVICES PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI

Appeal stands dismissed

ITA 2004/CHNY/2016[2009-10]Status: DisposedITAT Chennai18 May 2022AY 2009-10

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Ajay Rotti (CA)-Ld. ARFor Respondent: Shri Abani Kanta Nayak (CIT)-Ld. DR
Section 10ASection 143(3)Section 40

…educed from total turnover as well as held by Hon’ble Supreme Court in the case of CIT V/s Lakshmi Machine Works (290 ITR 667) as well as CIT V/s Catapharma India P. Ltd (292 ITR 641). The decision of special bench of Chennai Tribunal in ITO V/s Saksoft Ltd. (30 SOT 55) was also referred which upheld the doctrine of parity between the export turnover in the numerator and total turnover in denominator for the purpose of Sec.10A / 10B of the Act. The Ld. CIT(A) upheld the disallowance but directed Ld. AO to reduce the provisions from total turnover also. Aggrieved, the revenue is in further appeal before us. 6.3 We…

SUTHERLAND GLOBAL SERVICES PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI

Appeal stands dismissed

ITA 2003/CHNY/2016[2008-09]Status: DisposedITAT Chennai18 May 2022AY 2008-09

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Ajay Rotti (CA)-Ld. ARFor Respondent: Shri Abani Kanta Nayak (CIT)-Ld. DR
Section 10ASection 143(3)Section 40

…educed from total turnover as well as held by Hon’ble Supreme Court in the case of CIT V/s Lakshmi Machine Works (290 ITR 667) as well as CIT V/s Catapharma India P. Ltd (292 ITR 641). The decision of special bench of Chennai Tribunal in ITO V/s Saksoft Ltd. (30 SOT 55) was also referred which upheld the doctrine of parity between the export turnover in the numerator and total turnover in denominator for the purpose of Sec.10A / 10B of the Act. The Ld. CIT(A) upheld the disallowance but directed Ld. AO to reduce the provisions from total turnover also. Aggrieved, the revenue is in further appeal before us. 6.3 We…

SUTHERLAND GLOBAL SERVICES PRIVATE LIMITED,CHENNAI vs. ACIT (OSD), CHENNAI

Appeal stands dismissed

ITA 259/CHNY/2018[2011-12]Status: DisposedITAT Chennai18 May 2022AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Ajay Rotti (CA)-Ld. ARFor Respondent: Shri Abani Kanta Nayak (CIT)-Ld. DR
Section 10ASection 143(3)Section 40

…educed from total turnover as well as held by Hon’ble Supreme Court in the case of CIT V/s Lakshmi Machine Works (290 ITR 667) as well as CIT V/s Catapharma India P. Ltd (292 ITR 641). The decision of special bench of Chennai Tribunal in ITO V/s Saksoft Ltd. (30 SOT 55) was also referred which upheld the doctrine of parity between the export turnover in the numerator and total turnover in denominator for the purpose of Sec.10A / 10B of the Act. The Ld. CIT(A) upheld the disallowance but directed Ld. AO to reduce the provisions from total turnover also. Aggrieved, the revenue is in further appeal before us. 6.3 We…

DCIT, CHENNAI vs. SUTHERLAND GLOBAL SERVICES PRIVATE LIMITED, CHENNAI

Appeal stands dismissed

ITA 242/CHNY/2018[2011-12]Status: DisposedITAT Chennai18 May 2022AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Ajay Rotti (CA)-Ld. ARFor Respondent: Shri Abani Kanta Nayak (CIT)-Ld. DR
Section 10ASection 143(3)Section 40

…educed from total turnover as well as held by Hon’ble Supreme Court in the case of CIT V/s Lakshmi Machine Works (290 ITR 667) as well as CIT V/s Catapharma India P. Ltd (292 ITR 641). The decision of special bench of Chennai Tribunal in ITO V/s Saksoft Ltd. (30 SOT 55) was also referred which upheld the doctrine of parity between the export turnover in the numerator and total turnover in denominator for the purpose of Sec.10A / 10B of the Act. The Ld. CIT(A) upheld the disallowance but directed Ld. AO to reduce the provisions from total turnover also. Aggrieved, the revenue is in further appeal before us. 6.3 We…

DCIT, CHENNAI vs. SUTHERLAND GLOBAL SERVICES PVT. LTD., CHENNAI

Appeal stands dismissed

ITA 2105/CHNY/2016[2008-09]Status: DisposedITAT Chennai18 May 2022AY 2008-09

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Ajay Rotti (CA)-Ld. ARFor Respondent: Shri Abani Kanta Nayak (CIT)-Ld. DR
Section 10ASection 143(3)Section 40

…educed from total turnover as well as held by Hon’ble Supreme Court in the case of CIT V/s Lakshmi Machine Works (290 ITR 667) as well as CIT V/s Catapharma India P. Ltd (292 ITR 641). The decision of special bench of Chennai Tribunal in ITO V/s Saksoft Ltd. (30 SOT 55) was also referred which upheld the doctrine of parity between the export turnover in the numerator and total turnover in denominator for the purpose of Sec.10A / 10B of the Act. The Ld. CIT(A) upheld the disallowance but directed Ld. AO to reduce the provisions from total turnover also. Aggrieved, the revenue is in further appeal before us. 6.3 We…

ACIT , CHENNAI vs. SANMAR SPECIALITY CHEMICALS LTD ( SUCCESSORS TO INTEC POLYMERS LTD), CHENNAI

In the result, the appeal filed by the Revenue is dismissed

ITA 2680/CHNY/2019[2009-10]Status: DisposedITAT Chennai23 Feb 2022AY 2009-10

Bench: Hon’Ble Shri V. Durga Rao & Hon’Ble Shri G. Manjunathaआयकर अपील सं./Ita No.2680/Chny/2019 िनधा"रण वष" /Assessment Year: 2009-10 The Asst. Commissioner- V. M/S.Chemplast Sanmar Ltd., Of Income Tax, (Erstwhile Sanmar Specialty- Non-Corporate Circle-8, Chemicals Ltd.), Room No.507, 5Th Floor, No.9, Cathedral Road, Annexe Building, Chennai-600 086. [Pan: Aabcs 0201 P] No.121, M.G.Road, Chennai-600 034. (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.Saroj Kumar Parida, AdvFor Respondent: Mr.P. Sajit Kumar, JCIT
Section 10BSection 115JSection 143(3)Section 147

…assessee by the decision of the ITAT, Chennai, in the assessee’s own case for the AYs 2009-10 & 2011-12 in ITA Nos.1523 & 1524/Mds/2015, wherein, the Tribunal by following the decision of ITAT Special Bench, in the case of ITO v. Sak Soft Ltd., reported in 121 TTJ 865 deleted the additions made by the AO towards disallowance of deduction claimed :: 4 :: u/s.10B of the Act in respect of exclusion of expenses incurred in foreign currency for export turnover as well as total turnover. 7. Having heard both the sides and consider the material on record, we find that an identical issue has been considered by the…

MPS TECHNOLOGIES LIMITED,CHENNAI vs. ACIT, CHENNAI

Appeal stand dismissed whereas the assessee’s appeal stands partly allowed in terms of our above order

ITA 1385/CHNY/2014[2009-10]Status: DisposedITAT Chennai31 Jan 2022AY 2009-10

Bench: Hon’Ble Shri V. Durga Rao & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./ Ita No.1385/Chny/2014 (िनधा4रण वष4 / Assessment Year: 2009-10) M/S. Mps Technologies Ltd. Acit (Now Merged With Mps Ltd.) Company Circle-Iv(3), बनाम/ Rr Tower-4, 4Th Floor Super A, Chennai. Vs. 16&17, Tvk Industrial Estate, Guindy, Chennai – 600 032. "थायी लेखा सं./जीआइ आर सं./Pan/Gir No. Aaecm-0205-A (अपीलाथ"/Appellant) : (""थ" / Respondent) & आयकर अपील सं./ Ita No.1120/Chny/2014 (िनधा4रण वष4 / Assessment Year: 2009-10) Acit M/S. Mps Technologies Ltd. Company Circle-Iv(3), (Now Merged With Mps Ltd.) बनाम/ Rr Tower -4, 4Th Floor Super A, Chennai. Vs. 16&17, Tvk Industrial Estate, Guindy, Chennai – 600 032. "थायी लेखा सं./जीआइ आर सं./Pan/Gir No. Aaecm-0205-A (अपीलाथ"/Appellant) : (""थ" / Respondent)

For Appellant: Shri S.P. Chidambaram (Advocate)-Ld. ARFor Respondent: Shri S. Palani Kumar- Ld. CIT-DR
Section 10ASection 143(3)Section 144C(5)

…earned DRP erred in directing the A.O. to exclude expenditure towards freight and telecommunication charges from 'total turnover' for purpose of deduction 3 - u/s.10A, relying upon the Hon'ble Chennai Tribunal's decision in the case of ITO v. Sak Soft Ltd. (30 SOT 55). 4.2. It is submitted that the relied upon decision has not become final and appeal has been preferred before the Hon'ble Jurisdictional High Court. 1.3 The grounds raised by the assessee read as under: 2. Transfer Pricing Grounds 2.1 The Dispute Resolution Panel ('DRP') / learned Assessing Officer ('AO') erred in partly confirming the order of t…

ACIT, CHENNAI vs. MPS TECHNOLGOIES LTD., CHENNAI

Appeal stand dismissed whereas the assessee’s appeal stands partly allowed in terms of our above order

ITA 1120/CHNY/2014[2009-10]Status: DisposedITAT Chennai31 Jan 2022AY 2009-10

Bench: Hon’Ble Shri V. Durga Rao & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./ Ita No.1385/Chny/2014 (िनधा4रण वष4 / Assessment Year: 2009-10) M/S. Mps Technologies Ltd. Acit (Now Merged With Mps Ltd.) Company Circle-Iv(3), बनाम/ Rr Tower-4, 4Th Floor Super A, Chennai. Vs. 16&17, Tvk Industrial Estate, Guindy, Chennai – 600 032. "थायी लेखा सं./जीआइ आर सं./Pan/Gir No. Aaecm-0205-A (अपीलाथ"/Appellant) : (""थ" / Respondent) & आयकर अपील सं./ Ita No.1120/Chny/2014 (िनधा4रण वष4 / Assessment Year: 2009-10) Acit M/S. Mps Technologies Ltd. Company Circle-Iv(3), (Now Merged With Mps Ltd.) बनाम/ Rr Tower -4, 4Th Floor Super A, Chennai. Vs. 16&17, Tvk Industrial Estate, Guindy, Chennai – 600 032. "थायी लेखा सं./जीआइ आर सं./Pan/Gir No. Aaecm-0205-A (अपीलाथ"/Appellant) : (""थ" / Respondent)

For Appellant: Shri S.P. Chidambaram (Advocate)-Ld. ARFor Respondent: Shri S. Palani Kumar- Ld. CIT-DR
Section 10ASection 143(3)Section 144C(5)

…earned DRP erred in directing the A.O. to exclude expenditure towards freight and telecommunication charges from 'total turnover' for purpose of deduction 3 - u/s.10A, relying upon the Hon'ble Chennai Tribunal's decision in the case of ITO v. Sak Soft Ltd. (30 SOT 55). 4.2. It is submitted that the relied upon decision has not become final and appeal has been preferred before the Hon'ble Jurisdictional High Court. 1.3 The grounds raised by the assessee read as under: 2. Transfer Pricing Grounds 2.1 The Dispute Resolution Panel ('DRP') / learned Assessing Officer ('AO') erred in partly confirming the order of t…

BEACH MINERAL COMPANY (P) LIMITED,CHENNAI vs. ACIT, CHENNAI

ITA 2003/CHNY/2014[2009-10]Status: DisposedITAT Chennai07 Nov 2019AY 2009-10

Bench: Shri George Mathan & Shri S.Jayaraman

For Appellant: Mr.S.Sridhar,AdvocateFor Respondent: Mr.AR.V.Sreenivasan,JCIT,DR
Section 10BSection 119(2)(b)Section 139(1)Section 14ASection 271(1)(c)

…he Act, wherein it has been clearly stated that ‘for purposes of this section only’, and not for purpose of section 10A of the Act. It was further submitted that the Special Bench of Chennai Tribunal in the case of ITO Vs. Sak Soft Ltd., reported in [2009] 30 SOT 55 (Chennai)(SB) held that expenses are to be excluded, both from export turnover and from total turnover, for purposes of computation of deduction u/s.10B(4) of the Act. It was submitted that ld.CIT(A) has followed the decision of the Special Bench of Chennai Tribunal in the case of Sak Soft Ltd., consequently no interference was liable to be made.…

BEACH MINERAL COMPANY (P) LIMITED,CHENNAI vs. ACIT, CHENNAI

ITA 2002/CHNY/2014[2009-10]Status: DisposedITAT Chennai07 Nov 2019AY 2009-10

Bench: Shri George Mathan & Shri S.Jayaraman

For Appellant: Mr.S.Sridhar,AdvocateFor Respondent: Mr.AR.V.Sreenivasan,JCIT,DR
Section 10BSection 119(2)(b)Section 139(1)Section 14ASection 271(1)(c)

…he Act, wherein it has been clearly stated that ‘for purposes of this section only’, and not for purpose of section 10A of the Act. It was further submitted that the Special Bench of Chennai Tribunal in the case of ITO Vs. Sak Soft Ltd., reported in [2009] 30 SOT 55 (Chennai)(SB) held that expenses are to be excluded, both from export turnover and from total turnover, for purposes of computation of deduction u/s.10B(4) of the Act. It was submitted that ld.CIT(A) has followed the decision of the Special Bench of Chennai Tribunal in the case of Sak Soft Ltd., consequently no interference was liable to be made.…

ACIT, CHENNAI vs. M/S. BEACH MINERAL CO. PVT. LTD., CHENNAI

ITA 2114/CHNY/2012[2008-09]Status: DisposedITAT Chennai07 Nov 2019AY 2008-09

Bench: Shri George Mathan & Shri S.Jayaraman

For Appellant: Mr.S.Sridhar,AdvocateFor Respondent: Mr.AR.V.Sreenivasan,JCIT,DR
Section 10BSection 119(2)(b)Section 139(1)Section 14ASection 271(1)(c)

…he Act, wherein it has been clearly stated that ‘for purposes of this section only’, and not for purpose of section 10A of the Act. It was further submitted that the Special Bench of Chennai Tribunal in the case of ITO Vs. Sak Soft Ltd., reported in [2009] 30 SOT 55 (Chennai)(SB) held that expenses are to be excluded, both from export turnover and from total turnover, for purposes of computation of deduction u/s.10B(4) of the Act. It was submitted that ld.CIT(A) has followed the decision of the Special Bench of Chennai Tribunal in the case of Sak Soft Ltd., consequently no interference was liable to be made.…

ACIT, CHENNAI vs. M/S. BEACH MINERAL CO. PVT. LTD., CHENNAI

ITA 2113/CHNY/2012[2008-09]Status: DisposedITAT Chennai07 Nov 2019AY 2008-09

Bench: Shri George Mathan & Shri S.Jayaraman

For Appellant: Mr.S.Sridhar,AdvocateFor Respondent: Mr.AR.V.Sreenivasan,JCIT,DR
Section 10BSection 119(2)(b)Section 139(1)Section 14ASection 271(1)(c)

…he Act, wherein it has been clearly stated that ‘for purposes of this section only’, and not for purpose of section 10A of the Act. It was further submitted that the Special Bench of Chennai Tribunal in the case of ITO Vs. Sak Soft Ltd., reported in [2009] 30 SOT 55 (Chennai)(SB) held that expenses are to be excluded, both from export turnover and from total turnover, for purposes of computation of deduction u/s.10B(4) of the Act. It was submitted that ld.CIT(A) has followed the decision of the Special Bench of Chennai Tribunal in the case of Sak Soft Ltd., consequently no interference was liable to be made.…

M/S. BEACH MINERAL COMPANY (P) LIMITED,CHENNAI vs. ACIT, CHENNAI

ITA 1904/CHNY/2012[2008-09]Status: DisposedITAT Chennai07 Nov 2019AY 2008-09

Bench: Shri George Mathan & Shri S.Jayaraman

For Appellant: Mr.S.Sridhar,AdvocateFor Respondent: Mr.AR.V.Sreenivasan,JCIT,DR
Section 10BSection 119(2)(b)Section 139(1)Section 14ASection 271(1)(c)

…he Act, wherein it has been clearly stated that ‘for purposes of this section only’, and not for purpose of section 10A of the Act. It was further submitted that the Special Bench of Chennai Tribunal in the case of ITO Vs. Sak Soft Ltd., reported in [2009] 30 SOT 55 (Chennai)(SB) held that expenses are to be excluded, both from export turnover and from total turnover, for purposes of computation of deduction u/s.10B(4) of the Act. It was submitted that ld.CIT(A) has followed the decision of the Special Bench of Chennai Tribunal in the case of Sak Soft Ltd., consequently no interference was liable to be made.…

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