2012 (6) TMI 414 - AT - Income Tax

Deduction u/s 10A - exclusion of expenditure on account of communication charges insurance charges and professional fee from export turnover for computing deduction u/s 10A - assessee contending that if same are reduced from export turnover the same should also to be reduced from the total turnover - Held that - Professional fee communication charges and insurance expenditure once are excluded from the export turnover for maintaining principle of parity the same also has to be excluded from total turnover - Decided against the Revenue.

Summary

Issues:
1. Interpretation of Explanation (2) to section 10A for calculating eligible exemption.
2. Whether similar treatment should be extended to both 'export turnover' and 'total turnover' under section 10A.
3. Exclusion of specific expenses from export turnover and total turnover for deduction u/s 10A.

Issue 1 - Interpretation of Explanation (2) to section 10A:
The appeal involved a dispute regarding the interpretation of Explanation (2) to section 10A for calculating eligible exemption. The Revenue contended that the legislature did not intend to extend similar treatment to both 'export turnover' and 'total turnover' under section 10A. The assessee argued for the exclusion of certain expenses from both export turnover and total turnover for deduction u/s 10A.

Issue 2 - Similar treatment for 'export turnover' and 'total turnover' under section 10A:
The Revenue argued that there is no provision in Explanation (2) to section 10A to mandate similar treatment for exclusion of expenses from 'export turnover' and 'total turnover.' On the other hand, the assessee relied on various judicial decisions to support the contention that expenses should be excluded from both turnovers to maintain uniformity.

Issue 3 - Exclusion of specific expenses for deduction u/s 10A:
The case involved the exclusion of professional fees, communication charges, and insurance expenditure from both export turnover and total turnover for calculating deduction u/s 10A. The ITAT upheld the order passed by the CIT (A) and rejected the Revenue's grounds, emphasizing the need to maintain parity in the treatment of constituents between export turnover and total turnover.

The Tribunal referred to relevant judicial pronouncements, including a decision by the Hon'ble Karnataka High Court, to support the principle of maintaining uniformity in the ingredients of both the numerator and the denominator of the formula for computing deduction under section 10A. The Tribunal highlighted that the legislative intent behind section 10A is to provide incentives to promote exports and that the exclusion of certain expenses from export turnover should also apply to total turnover when export turnover is a component of total turnover.

In conclusion, the Tribunal dismissed the Revenue's appeal, citing the need to uphold the principle of parity in matters of inclusion or exclusion while computing deduction u/s 10A. The decision was based on established judicial interpretations and the legislative intent behind section 10A to incentivize export-oriented businesses.