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Commissioner Of Income Tax - Iii vs M/S. Mphasis Software And Service India ... on 29 February, 2016

5. It was brought to our notice that the order u/s. 263 passed by the CIT in AY 2004-05 and the impugned order of the CIT for AY 2008-09 are pari materia the same and is based on the similar facts and circumstances. It was also brought to our notice that the order of Tribunal for AY 2007-08 holding that assessee is entitled to deduction u/s. 10A/10B of the Act in respect of onsite portion of software development sub-contracting to AE executed outside India was also entitled to deduction u/s. 10A/10B of the Act has since been upheld by the Hon'ble High Court of Karnataka in CIT v. Mphasis Software & Services India Pvt. Ltd. (2015) 234 Taxman 732 (Kar).
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