The Commissioner Of Income Tax-8 v. M/S. Atos Origin (India) P. Ltd

ASN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1446 OF 2011 The Commissioner of Income Tax-8. v. M/s. Atos Origin (India) P. Ltd. ..Appellant. ..Respondent. Mr. Suresh Kumar for the Appellant. Mr. R. Murlidhar, Senior Advocate with Mr. Atul K. Jasani for the Respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATE : 08TH FEBRUARY, 2013. PC: In this appeal for assessment year 2003-04 the revenue has raised the following question of law for our consideration. Whether on the facts and in the circumstances of the case and in law the Tribunal is justified in holding that the expenses reduced from the figure of export turnover should also be excluded from the figure of total turnover while computing deduction under section 10A and 10B of the Income Tax Act,1961 even though there is no such provision in Section 10A and Section 10B of the Income Tax Act, 1961? ASN 3)Counsel for the parties state that the issue arising in the present case is covered in favour of the respondent assessee and against the revenue by the decision of this court in the matter of CIT v. Gem Plus Jewelery India Ltd. reported in (2011) 330 ITR 175 (Bom.) In view of the above, we see no reason to entertain the proposed question of law. 4)to costs. Accordingly, the appeal is dismissed with no order as (M.S.SANKLECHA, J.) (J.P. DEVADHAR, J.)