2011 (8) TMI 782 - HC - Income Tax

Interpretation of Total Turnover & Export Turnover under 10A - Held That - ITO v. Sak Soft Ltd.(2009 -TMI - 70681 - ITAT MADRAS-D) There should be uniformity in the ingredients of both the numerator and the denominator of the formula Section 10-A is a beneficial section. It is intended to provide incentives to promote exports. If the export turnover in the numerator is to be arrived at after excluding certain expenses the same should also be excluded in computing the export turnover as a component of total turnover in the denominator. The reason being the total turnover includes export turnover. The components of the export turnover in the numerator and the denominator cannot be different. Formula will be Profits of the business of the undertaking Export turn over / (Export turnover domestic turn over) Total Turn Over

Issues Involved:
1. Exclusion of communication expenses from total turnover for computing relief under Section 10-A of the Income Tax Act.
2. Adjustment of unabsorbed depreciation and brought forward losses before allowing deduction under Section 10-A.

Detailed Analysis:

Issue 1: Exclusion of Communication Expenses from Total Turnover

In all these appeals, the primary legal question pertains to whether communication expenses should be excluded from the total turnover when computing relief under Section 10-A of the Income Tax Act. The assessee company, engaged in specialized after-sales services, marketing, distribution of high technology computer systems, and other related services, claimed exemption under Section 10-A for the profits derived from its STP unit. The assessee incurred Rs. 10,44,31,606 in foreign exchange towards communication expenses and excluded this amount from the total turnover while computing the exemption.

The assessing authority contended that Section 10-A defines only export turnover and not total turnover, implying that no deduction from total turnover is permissible. This interpretation was upheld by the Commissioner of Income Tax (Appeals). However, the Tribunal, relying on the Supreme Court judgment in CIT v. Lakshmi Machine Works, directed the exclusion of communication expenses from both export turnover and total turnover.

The Revenue argued that the legislature's intent was clear in defining only export turnover and not total turnover, suggesting that what is excluded from export turnover should be included in total turnover. Conversely, the assessee contended that excluding certain expenses from export turnover should logically extend to total turnover to maintain consistency and avoid absurd results.

The High Court noted that Section 10-A is a beneficial provision aimed at promoting exports and earning foreign exchange. The court emphasized the need for uniformity in the components of both the numerator (export turnover) and the denominator (total turnover) in the formula for computing the deduction. The court observed that the definition of export turnover excludes certain expenses, and these exclusions should also apply when computing total turnover. The court cited previous judgments, including the Bombay High Court's decision in CIT v. Gem Plus Jewellery India Ltd. and the Special Bench of the Tribunal in ITO v. Sak Soft Ltd., which supported this interpretation.

The court concluded that the formula for computing the deduction under Section 10-A should exclude the same expenses from both export turnover and total turnover to avoid anomalies and absurd results. Thus, the Tribunal's decision was upheld, and the substantial question of law was answered in favor of the assessee.

Issue 2: Adjustment of Unabsorbed Depreciation and Brought Forward Losses

The second issue involved whether unabsorbed depreciation and brought forward losses should be adjusted before allowing the deduction under Section 10-A. This question had already been addressed by the court in a previous judgment (I.T.A. No. 78/2011 decided on 9th August 2011), where it was held that such adjustments should be made before granting the deduction.

Accordingly, this issue was also resolved in favor of the assessee, affirming that unabsorbed depreciation and brought forward losses should be adjusted prior to allowing the deduction under Section 10-A.

In conclusion, the High Court upheld the Tribunal's decision on both issues, providing a consistent interpretation of Section 10-A and ensuring that the legislative intent of promoting exports through tax incentives was maintained.

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