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TMI Blog2018 (5) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... the export turnover in the numerator and the denominator cannot be different. - Income Tax Appeal No. 776 of 2017 - - - Dated:- 28-2-2018 - MR. DINESH MAHESHWARI, AND MR. S.SUNIL DUTT YADAV JJ. Appellants: (By Sri K.V. Aravind, Advocate) Respondent: (By Ms. Tanmayee Rajkumar, Advocate For M/s King And Patridges, Advocates) JUDGMENT The Revenue seeks to maintain this appeal under Section 260-A of the Income Tax Act, 1961 [ the Act ] against the order dated 04.04.2017, as passed by the Income Tax Appellate Tribunal, C Bench, Bengaluru [ the Tribunal ], in IT (TP) A No. 1223/Bang/2016 (relating to the Assessment Year 2009-2010). Shorn of unnecessary details, the relevant background aspects of the present appeal are th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot right in allowing the expenses, that had been reduced from export turnover, to be also reduced from the total turnover, since nothing in Section 10-A of the Act provides for such an exclusion. Having heard learned counsel for the appellants an d having examined the record with reference to the la w applicable, we are satisfied that no substantial question of law is involved and this appeal does not merit admission. The method of computing the exemption under Section 10-A of the Act and precisely, the question as to whether the expenses excluded from the export turnover are also to be excluded from the total turnover for the purpose of Section10-A of the Act, has been dealt with by this Court in the case of TATA ELXSI LTD. (supra) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , such an interpretation would run counter to the legislative intent and impermissible. If that were the intention of the legislature, they would have expressly stated so. If they 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 . . . (underlining supplied) The principles aforesaid directly apply to the present case too, and therefore, we are unable to find any infirmity in the order impugned. The appeal, therefore, stands dismissed. - - TaxTMI - TMITax - Income T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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