2018 (5) TMI 153 - HC - Income Tax

Method of computing the exemption under Section 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 Versus Tata Elxsi Ltd. 2011 (8) TMI 782 - KARNATAKA HIGH COURT 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.

Summary

Issues:
1. Appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal.
2. Computation of deduction under Sections 10-A and 10-B of the Act for the Assessment Year 2009-2010.
3. Disagreement on whether expenses reduced from export turnover should also be reduced from total turnover for computing profits eligible for deduction under Section 10-A.
4. Interpretation of the term "total turnover" in Section 10-A of the Act.

Analysis:
1. The Revenue appealed under Section 260-A of the Income Tax Act against the order of the Income Tax Appellate Tribunal regarding the Assessment Year 2009-2010. The Tribunal had approved the order of the Commissioner of Income Tax (Appeals) who accepted the assessee's contention that expenses reduced from export turnover should also be reduced from total turnover for computing profits eligible for deduction under Sections 10-A and 10-B of the Act.

2. The Assessing Officer had recomputed the deduction claimed by the assessee under Sections 10-A and 10-B, resulting in a restriction of the deduction claimed. The assessee argued that the amount adjusted from the export turnover should also be reduced from the total turnover for computing profits eligible for deduction under Section 10-A. The Commissioner of Income Tax (Appeals) accepted this argument, citing a previous decision of the Court.

3. The Tribunal upheld the order of the Commissioner of Income Tax (Appeals) based on the decision in a previous case. The Revenue contended that the Tribunal erred in allowing the reduction of expenses from both export turnover and total turnover, as Section 10-A does not explicitly provide for such exclusion. However, the High Court found no substantial question of law involved and dismissed the appeal.

4. The High Court referred to a previous case involving a similar issue and held that if certain expenses are excluded from export turnover, they should also be excluded from total turnover for computing profits eligible for deduction under Section 10-A. The Court emphasized that the components of export turnover in the numerator and denominator should not differ. The Court concluded that the interpretation aligns with legislative intent and dismissed the appeal.

This detailed analysis of the judgment highlights the key issues involved, the arguments presented by both parties, and the Court's reasoning leading to the dismissal of the appeal.