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TMI Blog2012 (5) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Tribunal in following the judgments rendered in the context of Section 80HHC in interpreting Section 10-A when the principle underlying both these provisions is one and the same. Therefore, we do not see any merit in these appeals. The substantial question of law framed is answered in favour of the assessee and against the revenue. - IT Appeal No. 13 of 2012 - - - Dated:- 13-3-2012 - N.K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nover From the aforesaid judgments, what emerges 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 10-A is a beneficial section. It is intended to provide incentives to promote exports. The incentive is to exempt profits relatable to exports. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the other component being the domestic turnover. In other words, 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 other words, if the export turnover in the numerator is to be arrived at after excluding certain expenses, the same should also be excluded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port turnover' is defined, and when the 'total turnover' includes export 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 turnov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In that view of the matter, we do not see any error committed by the Tribunal in following the judgments rendered in the context of Section 80HHC in interpreting Section 10-A when the principle underlying both these provisions is one and the same. Therefore, we do not see any merit in these appeals. The substantial question of law framed is answered in favour of the assessee and against the revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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