2018 (3) TMI 1635 - HC - Income Tax

Method of computing the exemption u/s 10-A - whether the expenses excluded from the export turnover are also to be excluded from the total turnover for the purpose of Section 10-A - Held that - As decided in COMMISSIONER OF INCOME TAX v. TATA ELXSI LTD 2011 (8) TMI 782 - KARNATAKA HIGH COURT 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. - Decided against revenue

Summary

Issues:
1. Appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal regarding deductions claimed under Section 10-A of the Act.
2. Interpretation of whether expenses excluded from export turnover should also be excluded from total turnover for the purpose of Section 10-A.
3. Applicability of the decision in the case of COMMISSIONER OF INCOME TAX v. TATA ELXSI LTD.: [2012] 349 ITR 98 (Karnataka) to the current case.

Analysis:
1. The High Court of Karnataka was presented with an appeal by the Revenue under Section 260-A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal related to deductions claimed under Section 10-A of the Act for the Assessment Year 2007-2008. The Tribunal had dismissed the Revenue's appeal based on the decision in the case of COMMISSIONER OF INCOME TAX v. TATA ELXSI LTD., which had been upheld by the Hon'ble Supreme Court after the Department's Special Leave Petition was dismissed.

2. The core issue revolved around whether expenses excluded from the export turnover should also be excluded from the total turnover for the purpose of Section 10-A. The Tribunal, following the precedent set in the case of TATA ELXSI LTD., held that if certain expenses were excluded from the export turnover, they should also be excluded from the total turnover. The High Court concurred with this interpretation, emphasizing that the components of export turnover in the numerator and the denominator should align, as the total turnover includes export turnover. The Court highlighted that the legislative intent did not mandate the inclusion of excluded expenses in the total turnover when the export turnover is a component of it.

3. The decision in the case of TATA ELXSI LTD. was crucial in the present matter, as it established the principle that excluded expenses from export turnover should also be excluded from total turnover for computing the exemption under Section 10-A of the Act. The High Court reiterated the reasoning from the TATA ELXSI LTD. case, emphasizing the need to respect the legislative intent and align the interpretation of export turnover and total turnover components. As the principles from the TATA ELXSI LTD. case directly applied to the current scenario, the High Court found no fault in the Tribunal's order and dismissed the appeal by the Revenue.

In conclusion, the High Court upheld the Tribunal's decision based on the interpretation that excluded expenses from export turnover should also be excluded from total turnover for the purpose of computing the exemption under Section 10-A of the Income Tax Act, 1961. The judgment reiterated the importance of aligning the components of export turnover and total turnover in line with legislative intent and established legal precedents.