The Commissioner Of Income Tax - 2, Mumbai v. M/S.e-Clerx Services Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.712 OF 2012 The Commissioner of Income Tax - 2, Mumbai..Appellant. Versus M/s.E-Clerx Services Private Limited ..Respondent. Mr.Suresh Kumar for the appellant.None for the respondents. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 5[th] February 2013 P.C. : 1.In this appeal by the Revenue for assessment year 2007-2008, following questions of law have been proposed for our consideration. “a)Whether on the facts and in the circumstances of the case and in law, the Tribunal was correct in law by relying on the decision of the Special Bench in the case of Sak Soft Limited when the department has not accepted the principles laid down by the said decisions as evidenced by the SLP filed in the case of Gems Plus Jewellers Private Limited decided by the Hon'ble Bombay High Court reported in 33 ITR 175 ?law, the Tribunal was correct in law by relying on the decision of the Special Bench in the case of Sak Soft Limited when the department has not accepted the principles laid down by the said decisions as evidenced by the SLP filed in the case of Gems Plus Jewellers Private Limited decided by the Hon'ble Bombay High Court reported in 33 ITR 175 ? b) Whether on the facts and in the circumstances of the case and in law, the Tribunal was correct in law in holding that insurance charges, interest charges and telecommunication / telephone charges shall be reduced from total turnover while working out the law, the Tribunal was correct in law in holding that insurance charges, interest charges and telecommunication / telephone charges shall be reduced from total turnover while working out the amount eligible for exemption under Section 10A without appreciating that no provision for deduction of such expense from total turnover is provided under Section 10A of the Income Tax Act, 1961 ? c) Whether on the facts and in the circumstances of the case and in law, the Tribunal was correct in law in holding that under the provisions of Section 10A of the Income Tax Act, it is the export turnover only and not the total turnover of the business which is to be reduced by the expenses incurred on account of insurance charges, internet charges and telecommunication / telephone charges ?”law, the Tribunal was correct in law in holding that under the provisions of Section 10A of the Income Tax Act, it is the export turnover only and not the total turnover of the business which is to be reduced by the expenses incurred on account of insurance charges, internet charges and telecommunication / telephone charges ?” 2.Counsel for the Revenue states that the issue raised in this appeal is concluded against the Revenue and in favour of the assessee by the decision of this Court in the case of Gems Plus Jewellers Private Limited reported in 233 CTR 248. Thus, we see no reason to entertain the proposed questions of law. 3.The appeal is accordingly dismissed with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)