TMI Blog2018 (4) TMI 193X X X X Extracts X X X X X X X X Extracts X X X X ..... nover 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. - INCOME TAX APPEAL NOs. 777 OF 2017, 778 OF 2017 AND 779 OF 2017 - - - Dated:- 28-2-2018 - Dinesh Maheshwari, Chief Justice And Justice S. Sunil Dutt Yadav For the Petitioner : Sri K. V. Aravind, Advocate JUDGMENT These three appeals by the Revenue under Section 260-A of the Income Tax Act, 1961 [ the Act ], arising out of the common order dated 30.03.2017 as passed by the In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue that the Tribunal was not right in allowing the expenses, that had been reduced from export turnover, to be also reduced from the total turnover, since nothing in Section 10-A of the Act provides for such an exclusion. Having heard learned counsel for the appellants and having examined the record with reference to the law applicable, we are satisfied that no substantial question of law is involved and these appeals do not merit admission. The method of computing the exemption under Section 10-A of the Act and precisely, the question as to whether the expenses excluded from the export turnover are also to be excluded from the total turnover for the purpose of Section10-A of the Act, has been dealt with by this Court in the case of T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urnover, such an interpretation would run counter to the legislative intent and impermissible. If that were the intention of the legislature, they would have expressly stated so. If they have not chosen to expressly define what the total turnover means, then, when the total turnover includes export turnover, the meaning assigned by the legislature to the export turnover is to be respected and given effect to, while interpreting the total turnover which is inclusive of the export turnover . . . (underlining supplied) The principles aforesaid directly apply to the present cases too, and therefore, we are unable to find any infirmity in the order impugned. These appeals, therefore, stand dismissed. - - TaxTMI - TMITax - Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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