LAWS(DLH)-2007-1-200

COMMISSIONER OF INCOME TAX Vs. CROWN COMPUTERISED

Decided On January 09, 2007
COMMISSIONER OF INCOME TAX Appellant
V/S
Crown Computerised Respondents

JUDGEMENT

(1.) 3334/Del/2001 relevant for the asst. yr. 1998 -99.

(2.) THE controversy in this case is whether freight charges said to have been incurred by the assessee and recovered by it from its foreign buyer are liable to be included in the expression 'indirect cost' for the purposes of calculation of the export turnover in terms of s. 80HHC(3)(b) of the IT Act, 1961.

(3.) ACCORDING to the assessee, when it had filed its return, it had inadvertently shown an expenditure of Rs. 30,95,158 incurred by it towards shipment freight as a part of its indirect cost. This was later on corrected by the assessee and a fresh audit report was filed by it.