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TMI Blog2011 (11) TMI 429X X X X Extracts X X X X X X X X Extracts X X X X ..... al profits of the business are to be apportioned on the basis of turnovers. 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 - See CIT Versus Tata Elxsi Ltd. [2011 (8) TMI 782 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s is that, there should be uniformity in the ingredients of both the numerator and the denominator of the formula, since otherwise it would produce anomalies or absurd results. Section 10A is a beneficial section. It is intended to provide incentives to promote exports. The incentive is to exempt profits relatable to exports. In the case of combined business of an assessee, having export business ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the extent of export turnover, there would be a commonality between the numerator and the denominator of the formula. In view of the commonality, the understanding should also be the same. In ether words, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port turnover, the very same meaning given to the export turnover by the legislature is to be adopted while understanding the meaning of the total turnover, when the total turnover includes export, turnover. If what is excluded in computing the export turnover is included while arriving at the total turnover, when the export turnover is a component of total turnover, such an interpretation would r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax as well as the Tribunal were not justified in setting aside the proceeding initiated under Section 148 of the Income Act, 1961, on the ground that it constituted change of opinion is concerned, in view of our findings on the above question, this question becomes purely academic. Therefore, it is not answered. 4. In view of the aforesaid legal position, we do not see any merit in this appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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