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TMI Blog2011 (11) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... n computing relief under Section 10A 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. 2. The said question was answered by this Court in the case of the CIT v. M/s. Tata Elxsi Ltd. [IT Appeal No. 70/2009] and other connected matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of Section 80HHC, the export profit is to be derived from the total business income of the assessee, whereas in Section 10A, 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 include export business and domestic business, in other words, export turnover and domestic turnover. The export turnover would be a com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ordinary meaning to be attributed to such word is to be in conformity with the context in which it is used. When the statute prescribes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing 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 10A, would be as under: Profits of the business of the undertaking - Export turnover [Export turnover + domestic turnover) Total turn over 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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