TMI Blog2021 (6) TMI 1010X X X X Extracts X X X X X X X X Extracts X X X X ..... GH 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Approval appointed for this purpose by the Government of India. The Assessing Officer rejected the alternative claim of the assessee for deduction under section 10A. 2.2 Aggrieved over the order passed by the Assessing Officer, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals) and the Commissioner of Income Tax partly allowed the appeal. Challenging the same, the assessee preferred an appeal before the Income Tax Appellate Tribunal, and the Tribunal, allowed the appeal by directing the Assessing Officer to verity the condition as per section 10A and allowed the claim of the assessee. Aggrieved over the order passed by the Tribunal, the Revenue has filed the above appeal. 3. The above appeal was admi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent, are in agreement that SLP(C)No.2373/2015 preferred by the Revenue in respect of connected ITA NO.196 of 2009 which was disposed of by the very same common Order dated 01.08.2014, was dismissed by this Court on 28.01.2019 having taken note similar grounds raised in the special leave petition. 3.Hence taking note of the fact that in respect of common judgment this Court has already dismissed SLP(C)No.2373 of 2015 relating to the Assessment Year 2004-2005 and in the present case except that issue relates to Assessment year 2003-2004 all other aspects are on the very same point, we are not inclined to entertain the instant petition. 4.Accordingly, the special leave petition shall stand dismissed. Pending applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e total business of the undertaking. Even in the case of business of an undertaking, it may include export business and domestic business, in other words, export turnover and domestic turnover. The export turnover would be a component or part of a denominator, the other component being the domestic turnover. In other words, to the extent of export turnover, there would be a commonality between the numerator and the denominator of the formula. In view of the commonality, the understanding should also be the same. In other words, 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 de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Therefore the formula for computation of the deduction under section 10-A, would be as under: Profits of the business of the undertaking x Export turn over [Export turnover + domestic turnover) Total turnover 6.Similarly, in an unreported judgment of the Hon'ble Division Bench of this Court, dated 20.02.2020, made in Tax Case (Appeal) Nos.312 385 of 2011 [The Commissioner of Income Tax, Chennai v. M/s.Zylog Systems Limited] , following the judgment of the Hon'ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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