Court : Income Tax Appellate Tribunal ITAT
Reported in : (2005)96TTJ(Bang.)211
..... considered as exempt under section 10a.___________________________________________________________________________________ 20.6 in order to examine the relevance of the claim of the assessee-company, it would be useful to refer to the following explanation below sub-section 5 of section 80hhe of the it act; (a) 'convertible foreign exchange' shall have the meaning assigned to it in clause (a) of the explanation to section 80hhc; (i) any computer programme recorded on any disc, tape, perforated media or other information storage device; or (ii) ..... the cases relied on by the revenue, the issue was that the assessee had both export turnover and domestic sales of products of the same business and consequently, the question addressed by the above authorities was whether export profit could be determined in a manner other than provided by the act by maintaining separate books of the account.the issue in this case is what is the total turnover for ..... uncanny that the company as a whole is making 'profits' inevitably and precisely from the units which are eligible for deduction under chapter vi-a even on a same line of products to be it printers or now ..... submits that if a restricted meaning is given to the words then, it would be doing violence to the express language of the sub-section which will be impermissible by the established canons ..... 1999-2000.2.1 before we proceed with the issues, preliminary objections were raised by the counsel for the department, ..... (2005) 94 ttj (pune) 113 : (2005) .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Reported in : (2005)96TTJ(Bang.)221
..... with the issue as to whether such amounts can be considered to be falling within the ambit of section 10a of the income tax act- in relation to liquidated damages recovered from suppliers, write back of retention money and sales-tax recoveries, apart from the finding of the assessing authority, the appellate commissioner of income tax has also pointed out that the appellant has failed to provide ..... cases relied on by the revenue, the issue was that the assessee had both export turnover and domestic sales of products of the same business and consequently, the question addressed by the above authorities was whether export profit could be determined in a manner other than provided by the act by maintaining separate books of the account.the issue in this case is what is the ..... respect of software exports not covered by section 10a, it is entitled to deduction under section 80hhe and that since the deduction under chapter vi-a excluding the deduction under section 80hhe, exceeded the gross total income, a claim was not made in the return of income ..... . learned counsel further submits that if a restricted meaning is given to the words then, it would be doing violence to the express language of the sub-section which will be impermissible by the established canons of interpretation.the argument is undoubtedly extremely attractive but lacks substance ..... 1998-99 and 1999-2000.before we proceed with the issues, preliminary objections were raised by the counsel for the department, sri ..... ( .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Reported in : (2006)5SOT805(Bang.)
..... account of improper expenditure allocation as referred to therein, the amalner unit has ended up showing good profits which is in turn utilized for claiming deduction under chapter vi-a of the it act.thus, taking into consideration all such facts and circumstances and in the light of findings recorded in paras 131 to 139 of the assessment order, the assessing authority allocated an expenditure of ..... to provide that where an assessee, being an indian company or a person (other than a company), resident in india, is engaged in the business of export out of india of computer software or its transmission from india to a place outside india by any means or in providing technical services outside india in connection with the development of production of computer software, he shall be allowed a deduction in the computation of his total income ..... . the business income earned in the united states of america from the business of software services has been taxed in the united states of america as per the existing domestic laws of that country.the appellant has filed return of income in the united states of america and also paid tax in the united ..... . learned counsel further submits that if a restricted, meaning is given to the words then, it would be doing violence to the express language of the sub-section which will be impermissible by the established cannons of interpretation.the argument is ..... -2000.before we proceed with the issues, preliminary objections were raised by the counsel for the ..... [ .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2008)300ITR223(Delhi)
..... the penalty order and the show cause notice where it was time and again stated that documents filed by the taxpayer by 16.11.2005 were inadequate (para 14 of penalty order under section 27ig) whereas in para 29 of the same order, it is stated as under: as seen from the above paragraphs, the assessee company had not furnished proper documentation as required statutorily in section 92d read with rule 10d ..... not treated as insufficient and is requested that the same be furnished according to the rules.12.3 the taxpayer filed further information on december 20/23.12.2005 with a covering letter which had the following references: with reference to the personal hearing before your goodself today, we, under instructions from, and for and on behalf of the assessee, attach herewith the working of application of tnmm in respect of the following international transactions ..... in the relevant period, was engaged in the business of import, export and domestic trading in edible oils, fertilizers, grains, oil seeds and other food products ..... preliminary or initial information of its alp of international transaction when reference is received by the tpo under section 92ca(1).24.7 the tpo is thereafter required to serve notice under sub-section (2) of section 92ca of the act ..... while it is necessary to protect our tax base, there is a need to ensure that the tax-payers are not put to avoidable hardship in the implementation of these regulations.16.4 shri agarwal reiterated ..... , referred to chapter x i.e. .....
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