Decision Of This Court In Case Of Cit v. Gem Plus Jewellery, 330 Itr

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1528 OF 2016 Pr. Commissioner of Income Tax-15 .. Appellant v/s. Lionbridge Technologies Pvt. Ltd. .. Respondent Mr. Suresh Kumar for the appellant Mr. Girish Pikale for the respondent CORAM : AKIL KURESHI & M.S. SANKLECHA, J.J. P.C. DATED : 30[th] JANUARY, 2019 1.The Revenue has filed this appeal to challenge the judgment ofthe Income Tax Appellate Tribunal ("the Tribunal" for short) raisingfollowing questions for our consideration :- “(i)Whether on the facts and in the circumstances of the caseand in law, the Tribunal was justified in holding that theexpenses incurred in foreign currency required to be excludedfrom the export turnover in terms of Section 10A are alsorequired to be excluded from the total turnover? (ii)Whether on the facts and in the circumstances of the caseand in law, the Tribunal erred in solely relying on the Bombay High Court's decision of Gem Plus Jewellery [330 ITR 175)(Bom)] which has been contested by the Revenue before theHon'ble Apex Court?” 2.It is an agreed position that the issue involved is covered by the decision of this Court in case of CIT Vs. Gem Plus Jewellery, 330 ITR 175. We further notice that following such judgment, the DivisionBench of this Court in case of this very assessee had dismissed theRevenue's Income Tax Appeal No. 97 of 2015 by an order dated 18[th]September, 2017. 3.In the result, this appeal is also dismissed. (M.S. SANKLECHA, J.) (AKIL KURESHI, J.)