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2018 (6) TMI 1516 - HC - Income TaxSection 10A deduction - Deduction of expenditure incurred for Export Turn Over required to be deducted from Total Turn Over for the purpose of computing the deduction u/s.10A - Held that - The controversy is no longer res integra as held exclusions made from export turnover have to be considered for reduction from total turnover also while working out deduction available u/s.10A of the Act. Accordingly, we direct the AO to rework the deduction available to the assessee u/s.10A. See case of M/s. Tata Elxsi Ltd., vs. Asst. Commissioner of Income Tax, 2015 (10) TMI 634 - KARNATAKA HIGH COURT affirmed by Income-tax, Central III vs. HCL Technologies Ltd., 2018 (5) TMI 357 - SUPREME COURT .
Issues:
1. Interpretation of Section 10A for claiming exemption from Income Tax. 2. Treatment of deemed export under Exim Policy. 3. Exclusion of expenses from total turnover for computing relief under Section 10A. Issue 1: Interpretation of Section 10A for claiming exemption from Income Tax The judgment discussed the conditions for claiming the benefit of Section 10A of the Income Tax Act. It emphasized that to be eligible for exemption from income tax, the assessee must export articles or software, directly or through another exporter, resulting in the inflow of foreign exchange. The court highlighted the importance of fulfilling all three conditions to qualify for the exemption. It referenced the case of M/s. Tata Elxsi Ltd. to support the interpretation that the assessee need not personally export the goods but can do so through another Special Economic Zone (SEZ) unit. The court ruled in favor of the assessee, stating that as long as the goods are exported from India, either by the assessee or another SEZ unit, and foreign exchange is earned, the benefit of Section 10A is applicable. Issue 2: Treatment of deemed export under Exim Policy The judgment delved into the concept of deemed export under the Exim Policy, particularly regarding supplies from the Domestic Tariff Area (DTA) to SEZ units. It explained that while such supplies do not meet the export criteria under the Customs Act, they are considered deemed exports under the Exim Policy. The court emphasized that for the purpose of claiming income tax exemption under Section 10A, the export should result in foreign exchange earnings, regardless of whether the goods are exported by the assessee or another SEZ unit. The judgment highlighted the provision allowing export through a Status Holder and concluded that the assessee is entitled to the benefit of deduction if foreign exchange is directly attributable to the export, even if the goods are exported by another SEZ unit. Issue 3: Exclusion of expenses from total turnover for computing relief under Section 10A The judgment referred to the Supreme Court's decision in the case of HCL Technologies Ltd. to address the issue of excluding expenses from the total turnover while computing relief under Section 10A. It cited the principle that expenses excluded from export turnover should also be excluded from the total turnover to align with the legislative intent. The court emphasized that allowing deductions only from export turnover and not from total turnover would lead to illogical outcomes and injustice. It highlighted the need for a proportional deduction from the total turnover to ensure a logical and workable formula for computing relief under Section 10A. As per the decisions discussed, the present appeal by the Revenue was disposed of accordingly. In conclusion, the judgment provided detailed insights into the interpretation of Section 10A, the treatment of deemed exports under the Exim Policy, and the exclusion of expenses from total turnover for computing relief under Section 10A, ensuring clarity on these crucial tax-related issues.
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