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2021 (6) TMI 1010 - HC - Income TaxDisallowance of deduction u/s 10B - AO disallowed the claim of the assessee for deduction under section 10B for want of rectification accorded by the Board of Approval appointed for this purpose by the Government of India - assessee has presented before the AO that if at all the claim under section 10B is not allowed, the same may be considered under section 10A - HELD THAT:- The issue involved in the present appeals is covered by the decision of M/S MPHASIS LTD. (FORMERLY KNOWN AS MPHASIS BFL LTD.) [2019 (11) TMI 1383 - SUPREME COURT] AND Mphasis Ltd.[2014 (8) TMI 690 - KARNATAKA HIGH COURT] wherein held that 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. Therefore, though there is no definition of the term 'total turnover' in Section 10-A, there is nothing in the said Section to mandate that, what is excluded from the numerator that is export turnover would nevertheless form part of the denominator. Though when a particular word is not defined by the legislature and an ordinary meaning is to be attributed to the same, the said ordinary meaning to be attributed to such word is to be in conformity with the context in which it is used. - Also see M/S. ZYLOG SYSTEMS LIMITED [2020 (3) TMI 181 - MADRAS HIGH COURT] - Decided in favour of assessee.
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