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.

How many judgments cite ITO v. Sak Soft Ltd.?

80 judgments on BharatTax cite ITO v. Sak Soft Ltd. (30 SOT 55), spanning 2015 to 2023.

ITO v. Sak Soft Ltd. (30 SOT 55)

M/S. Bayer Vapi Private Ltd. (Formerly Known As Bilag Industries P. Ltd.), Vapi vs. The Asstt. Commissioner of Income Tax, Vapi Circle, Vapi

In the result, the appeal of the assessee is partly allowed for A

ITA 1769/AHD/2016[2011-12]Status: DisposedITAT Surat24 Oct 2019AY 2011-12

Bench: Shri Amarjit Singh & Shri O.P. Meena, Accoutant Member आ.अ.सं/.I.T.A No’S.2886/Ahd/2010, 794/Ahd/2014 & 1769/Ahd/2016 िनधा"रण वष"/Assessment Years:2006-07, 2009-10 & 2011-12 बनाम M/S. Bilag Industries Pvt. Ltd. , Addl. Cit Range- ( Now Known As M/S. Bayer Vapi Vs. Vapi, Range Vapi Private Limited) 306/3,Phase-Ii Shivam Commercial Complex Gidc-1, Vapi Gujarat National Highway No 8 Vapi Pan: Aabcb 2100 L अपीलाथ" Appellant ""यथ"/Respondent Shri A. Gopalakrishnan Aiyer - Ca िनधा"रती क" ओर से /Assessee By Shri O. P. Singh Cit (D.R.) राज"व क" ओर से /Revenue By 26.09.2019 सुनवाई क" तारीख/ Date Of Hearing: 24.10.2019 उ"ोषणा क" तारीख/Pronouncement On आदेश /O R D E R Per O. P. Meena, Am: 1. The Above Captioned Three Appeals For The Assessment Year 2006-07, 2009-10 & 2011-12 By The Assessee Are Directed Against The Assessment Order Passed U/S. 143(3) R.W.S. 144C Dated 28.07.2010 & Dated 15.01.2014 Respectively Under The Income-Tax Act,1961 ['The Act' For Short] On The Direction Of Drp By The Addl. Cit Range-Vapi Range Vapi (Herein After Referred As The Ao) & The Appeal For The Assessment Year 2011-12 By The Assessee Is Directed Against The Order Of Ld. Cit (A) Dated 29.04.2016. Since The Common Issues Are Involved In These Appeals Therefore, These Were Heard Together & Consolidated Order Is Being Passed As Under: It(Tp)A No.2886/Ahd/2010/A.Y. 2006-07/ By The Assessee: 2. Ground Nos.1 Is General In Nature & Do Not Require Adjudication.

For Appellant: 2. Ground Nos.1 is general in nature and do not require adjudication

Section 143(3)

…(SC) held that sales tax and Excise duty will not form part of total turnover for the purpose of deduction under section 80HHC. The learned Counsel for the assessee further submitted that the Chennai Special Bench in the case of ITO v. Sak Soft Limited [2009] 30 SOT 55 ( Chennai) (SB) held that freight telecom charges or insurance are to be excluded, both from export turnover and from total turnover, for the purpose of computation of deduction under section 10B (4) of the Act. 16. Per contra, Ld. D.R. relied on order of the Ld. DRP. 17. We have heard the rival submissions and perused the relevant material on rec…

DCIT, Circle-16(2), Hyderabad vs. Green Fire Agri Commodities Ltd (Presently Known As M/S Proceeds India Private Limited), Hyderabad Hyderabad, Hyderabad

In the result, Revenue’s appeal is dismissed

ITA 948/HYD/2017[2009-10]Status: DisposedITAT Hyderabad05 Apr 2019AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2009-10 Dcit, Vs. M/S. Green Fire Agri Circle-16(2), Commodities Ltd Hyderabad. (Presently Known As M/S. Proceeds India Private Limited), Hyderabad. Pan: Aabcn 7753 P (Appellant) (Respondent) Assessee By: Shri P.V.S.S. Prasad Revenue By: Smt. Neeju Gupta, Dr Date Of Hearing: 27/03/2019 Date Of Pronouncement: 05/04/2019 Order Per Smt. P. Madhavi Devi, J.M.:

For Appellant: Shri P.V.S.S. PrasadFor Respondent: Smt. Neeju Gupta, DR

Section 10ASection 10A(3)Section 143(3)

…ected the Assessing Officer to exclude the same from both export turnover as well as the total turnover for the purpose of calculation of deduction u/s 10A of the Act by following the decision of the Special Bench of the Tribunal in the case of Sak Soft Ltd (30 SOT 55) (Chennai). Against the relief granted by the CIT(A), the Revenue is in appeal before the Tribunal by raising the following grounds of appeal: “1. Whether on the facts and in the circumstances of the case, the Ld. CIT(A) was justified in directing the A.O. to exclude bandwith charges from export turnover as well as total turnover, against the orde…

ACIT Corporate Circle 6(1), Chennai vs. Sanmina Sci Technology India Pvt Ltd., Kancheepuram

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

ITA 917/CHNY/2018[2013-14]Status: DisposedITAT Chennai22 Oct 2018AY 2013-14

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A.No.917/Chny/2018 िनधा"रण वष"/Assessment Year:2013-14 The Assistant Commissioner Of M/S. Sanmina Sci Technology India Pvt. Income Tax, Corporate Circle 6(1), Vs. Ltd., Oz-1, Sipcot Hi-Tech Sez, Aayakar Bhavan, Wanaparthy Block, Oragadam, Sriperumbudur Taluk, 7Th Floor, 121, M.G. Road, Chennai 34. Kancheepuram Dt., Tamil Nadu 602 105. [Pan:Aakcs8133K] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Ar.V. Sreenivasan, Jcit ""थ" की ओर से/Respondent By : Shri N.V. Balaji, Advocate सुनवाई की तारीख/ Date Of Hearing : 16.08.2018 घोषणा की तारीख /Date Of Pronouncement : 22.10.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 15, Chennai Dated 30.11.2017 Relevant To The Assessment Year 2013-14. In This Appeal, The Revenue Has Raised Two Effective Grounds Viz., (I) The Ld. Cit(A) Has Erred In Directing The Assessing Officer To Exclude The Expenses Incurred In Foreign Currency Both From Export Turnover As Well As From The Total Turnover & (Ii) The Ld. Cit(A)

For Appellant: Shri AR.V. Sreenivasan, JCITFor Respondent: Shri N.V. Balaji, Advocate

Section 10ASection 143(3)Section 2(24)(x)

…omputing deduction under section 10AA of the Act. After considering the submissions of the assessee and since the Department preferred further appeal before the Hon’ble Madras High Court against the decision of the Tribunal in the case of ITO v. Sak Soft Ltd. 313 ITR 353 (SB), the Assessing Officer excluded the above expenses from export turnover alone for the purpose of deduction under section 10AA of the Act. 3. The assessee carried the matter in appeal before the ld. CIT(A). After considering the submissions of the assessee and by following the decision of the Tribunal in the case of ITO v. Sak Soft Ltd. (sup…

The Dy. Commr. of Income Tax, Circle-1, Jamnagar vs. M/S. Deep Recycling Ind., Jamnagar

In the result, both the appeals filed by the Revenue are dismissed

ITA 324/RJT/2015[2011-12]Status: DisposedITAT Rajkot08 Oct 2018AY 2011-12

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Praveen Verma, Sr. D.RFor Respondent: Shri Ankit Gokani, A.R

Section 10BSection 10B(4)

…e provision of Section 10B of the Act. Therefore, a reference can certainly be made to the provision of Section 80HHC of the Act. 11.2 The assessee in support of his claim relied on the order of Special Bench of Chennai in the case of Saksoft Ltd reported in 30 SOT 55. The assessee also relied on the order of Hon’ble Karnataka High Court in the case of Tata Elsxi Ltd. rreported in 349 ITR 98. The ld CIT(A) after considering the submission directed the AO to exclude the amount of freight and insurance from the export turnover and total turnover of the assessee for working out the deduction u/s 10B of the Act. The…

The ACIT, Circle-2, Jamnagar vs. M/S. Deep Recycloing Industries, Jamnagar

In the result, both the appeals filed by the Revenue are dismissed

ITA 367/RJT/2013[2010-11]Status: DisposedITAT Rajkot08 Oct 2018AY 2010-11

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Praveen Verma, Sr. D.RFor Respondent: Shri Ankit Gokani, A.R

Section 10BSection 10B(4)

…e provision of Section 10B of the Act. Therefore, a reference can certainly be made to the provision of Section 80HHC of the Act. 11.2 The assessee in support of his claim relied on the order of Special Bench of Chennai in the case of Saksoft Ltd reported in 30 SOT 55. The assessee also relied on the order of Hon’ble Karnataka High Court in the case of Tata Elsxi Ltd. rreported in 349 ITR 98. The ld CIT(A) after considering the submission directed the AO to exclude the amount of freight and insurance from the export turnover and total turnover of the assessee for working out the deduction u/s 10B of the Act. The…

DCIT Corporate Circle 3(2), Chennai vs. Verizon Data Services India Pvt. Ltd., Chennai

In the result, the appeal filed by the Revenue in I

ITA 2403/CHNY/2017[2010-11]Status: DisposedITAT Chennai24 Jul 2018AY 2010-11

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamony

For Appellant: Shri Sriram Seshadri, CAFor Respondent: Shri Sailendra Mamidi, Pr.CIT

Section 10ASection 40

…expenditure in the export turnover, however, excluded the same from total turnover for the purpose of computation of deduction under Section 10A of the Act. The CIT(Appeals) by placing reliance on the order of Special Bench of this Tribunal in Sak Soft Ltd. (30 SOT 55), found that the export 3 I.T.A. No.2397/Chny/17 I.T.A. No.2403/Chny/17 turnover and total turnover shall be of the same factor. Once, the help desk service and travel expenditure were excluded from total turnover, the same shall also be excluded from export turnover. Since the CIT(Appeals) has followed the order of Special Bench of this Tribun…

Verizon Data Services India Private Limited, Chennai vs. ACIT Corporate Circle III(4), Chennai

In the result, the appeal filed by the Revenue in I

ITA 2397/CHNY/2017[2010-11]Status: DisposedITAT Chennai24 Jul 2018AY 2010-11

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamony

For Appellant: Shri Sriram Seshadri, CAFor Respondent: Shri Sailendra Mamidi, Pr.CIT

Section 10ASection 40

…expenditure in the export turnover, however, excluded the same from total turnover for the purpose of computation of deduction under Section 10A of the Act. The CIT(Appeals) by placing reliance on the order of Special Bench of this Tribunal in Sak Soft Ltd. (30 SOT 55), found that the export 3 I.T.A. No.2397/Chny/17 I.T.A. No.2403/Chny/17 turnover and total turnover shall be of the same factor. Once, the help desk service and travel expenditure were excluded from total turnover, the same shall also be excluded from export turnover. Since the CIT(Appeals) has followed the order of Special Bench of this Tribun…

DCIT Corporate Circle 2(2), Chennai vs. Infastech Fastening Technologies India Pvt. Ltd., Chennai

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

ITA 2794/CHNY/2017[2013-14]Status: DisposedITAT Chennai31 May 2018AY 2013-14

Bench: Shri George Mathan & Shri S. Jayaraman

For Appellant: Mr.R.Vijayaraghavan, AdvFor Respondent: Mr.Awijit Rakshit, JCIT

Section 10ASection 115J

…w and facts of the case. 2.1 The CIT(A) erred in directing the AO to re-compute the deduction by reducing exclusions in the export turnover, from the total turnover as well by upholding the decision of ITAT Chennai in the case of M/s. Sak Soft Ltd reported in 313 ITR 353, which was not accepted by the department and pending for adjudication. 3.1. The CIT(A) erred in allowing the surcharge and cess also for the purpose of MAT credit. 3.2. The CIT(A) ought to have appreciated the decision of the Hon’ble ITAT in the case of Richa Global Exports (P.) Ltd. 25 taxmann.com I (Delhi) [2012] wherein it was held that Surch…

Verizon Data Services India Private Limited, Chennai vs. DCIT, Chennai

In the result, the appeal filed by the assessee is partly allowed for

ITA 998/CHNY/2017[2011-12]Status: DisposedITAT Chennai06 Mar 2018AY 2011-12

Bench: Shri George Mathan & Shri S. Jayaramanआयकर अपील सं./Ita No.998/Chny/2017 "नधा"रण वष" /Assessment Year: 2011-12

For Appellant: Mr.N.Madhavan, ACIT

Section 10ASection 29Section 37Section 43B

…ding the exclusion from export turnover for deduction u/s.10A of the Act the help desk service charges and the travelling expenses. It was submitted that in view of the decision of the Hon’ble ITAT Special Bench in the case of M/s.Sak Soft Ltd., reported in 30 SOT 55 (Chennai) (SB), the help desk service charges and the travelling expenses having been reduced from the export turnover, the same was liable to be reduced from the total turnover also. 5.1 In reply, the Ld.DR vehemently supported the order of the Ld.CIT(A). :- 4 -: 5.2 We have considered the rival submissions. 5.3 As it is noticed that the issu…