2021 (3) TMI 493 - HC - Income Tax

Computation of deduction u/s 10A - Internet expenditure incurred by the assessee are excluded from export turnover should also be excluded from total turnover - HELD THAT - If the deductions on freight, telecommunication and insurance attributable to the delivery of computer software under Section 10A of the IT Act are allowed only in Export Turnover but not from the Total Turnover then, it would give rise to inadvertent, unlawful, meaningless and illogical result which would cause grave injustice to the Respondent which could have never been the intention of the legislature. Even in the common parlance, when the object of the formula is to arrive at the profit from export business, expenses excluded from export turnover have to be excluded from total turnover also. Otherwise any other interpretation makes the formula unworkable and absurd. Hence, we are satisfied that such deduction shall be allowed from the total turnover in same proportion as well. On the issue of expenses on technical services provided outside, we have to follow the same principle of interpretation as followed in the case of expenses of freight, telecommunication etc., otherwise the formula of calculation would be futile. Hence, in the same way, expenses incurred in foreign exchange for providing the technical services outside shall be allowed to exclude from the total turnover - See HCL Technologies Ltd. 2018 (5) TMI 357 - SUPREME COURT

Summary

Issues:
Challenge to orders passed by the Income Tax Appellate Tribunal regarding internet expenditure exclusion from export turnover in assessment years 2005-06, 2006-07, and 2008-09.

Detailed Analysis:

1. Substantial Question of Law:
- The primary issue in this case revolved around the interpretation of whether the internet expenditure incurred by the assessee should be excluded from both export turnover and total turnover. The question was whether the Income Tax Appellate Tribunal was correct in its decision on this matter.

2. Interpretation of Section 10A of the IT Act:
- The judgment referred to a Supreme Court case where it was emphasized that Section 10A of the IT Act is a special beneficial provision aimed at encouraging new business undertakings in free trade zones by providing suitable deductions. The purpose is to resolve disputes regarding the methodology of deduction, especially in cases where certain expenses are incurred in foreign exchange for providing services abroad.

3. Calculation of Deductions and Turnover Exclusions:
- The court highlighted that excluding certain expenses from export turnover but not from total turnover could lead to illogical and unjust outcomes. It was argued that deductions related to expenses like freight, telecommunication, and insurance attributable to the delivery of computer software under Section 10A should be allowed from both export and total turnover to ensure a fair calculation.

4. Judicial Precedents and Interpretation:
- The judgment cited a Division Bench decision that emphasized the integral nature of technical services in software development processes. It was noted that splitting transactions without proper evidence was impermissible, and the nature of services provided had to be considered as a whole.

5. Application of Precedents and Dismissal of Appeals:
- The court, after considering the arguments and legal precedents, concluded that the decisions relied upon by the respondent's counsel were applicable to the present case. Following the principles laid down by the Supreme Court and previous court decisions, the Question of Law was decided against the Revenue and in favor of the assessee. Consequently, the Tax Case Appeals were dismissed with no costs.

In summary, the judgment focused on the correct interpretation of Section 10A of the IT Act, the exclusion of specific expenses from turnover calculations, and the application of legal precedents to determine the outcome of the appeals challenging the Income Tax Appellate Tribunal's orders.