9911796707
TMI Blog2012 (5) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent. 2. The question that arises for consideration in this appeal is whether the Tribunal was correct in holding that when computing relief under Section 10-A of the Income Tax Act, 1961 the expenditure incurred by the assessee should not form part of the total turnover and as such it should be excluded from the total turnover if the same are reduced from export turnover. 3. The said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is of turnovers. Apportionment of profits on the basis of turnover was accepted as a method of arriving at export profits. In the case of Section 80HHC, the export profit is to be derived from the total business income of the assessee, whereas in Section 10-A, the export profit is to be derived from the total business of the undertaking. Even in the case of business of an undertaking, it may inclu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferent. Therefore, though there is no definition of the term 'total turnover' in Section 10-A, there is nothing in the said Section to mandate that, what is excluded from the numerator that is export turnover would nevertheless form part of the denominator. Though when a particular word is not defined by the legislature and an ordinary meaning is to be attributed to the same, the said ordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have not chosen to expressly define what the total turnover means, then, when the total turnover includes export turnover the meaning assigned by the legislature to the export turnover is to be respected and given effect to, while interpreting the total turnover which is inclusive of the export turnover. Therefore the formula for computation of the deduction under Section 10-A, would be as under: ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
