The Tax Publishers2020 TaxPub(DT) 1891 (Del-Trib)

INCOME TAX ACT, 1961

Section 10A

Issue stands covered in favour of assessee by judgement of High Court in case of Genpact India v. ACIT (2011) 203 Taxman 632 (Del) : 2012 TaxPub(DT) 0251 (Del-HC), and accordingly, AO was directed to make a corresponding reduction of telecommunication charges from the total turn-over while computing the deduction under section 10A.

Deduction under section 10A - Computation of total turnover - Treatment of amount excluded from export turnover -

Assessee claimed deduction of expenses under section 10A from export turnover. AO re-computed the amount deductible by excluding telecommunication charges from export turnover, however, without reducing the same from total turnover. Held: Issue stands covered in favour of assessee by judgement of High Court in case of Genpact India v. ACIT (2011) 203 Taxman 632 (Del) : 2012 TaxPub(DT) 0251 (Del-HC), and accordingly, AO was directed to make a corresponding reduction of telecommunication charges from the total turn-over while computing the deduction under section 10A.

REFERRED : Genpact India v. ACIT [2011 (11) TMI 119 - DELHI HIGH COURT

FAVOUR : In assessee's favour

A.Y. : 2009-10

IN THE ITAT, DELHI BENCH

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