2018 (3) TMI 1635

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..... o provide incentives to promote exports. 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. The components of the export turnover in the numerator and the denominator cannot be different. - Decided against revenue
HON'BLE MR. JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON'BLE MR.JUSTICE S.SUNIL DUTT YADAV FOR THE PETITIONER : SRI DILIP.M. ADVOCATE, FOR K.V. ARAVIND, ADVOCATE FOR THE RESPONDENT : SRI SANDEEP HUILGOL, ADVOCATE JUDGMENT The learned counsel Mr. Sandeep Huilgol undertakes to file power for th .....

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..... tion filed by the Department had since been dismissed by the Hon'ble Supreme Court. The Tribunal, therefore, proceeded to dismiss the appeal with a short order, the relevant part whereof reads as under: "2. During the course of hearing our attention was invited to the fact that the CIT (A) has adjudicated the issue in the light of the judgment of Hon'ble jurisdictional High Court in the case of CIT vs. Tata Elxsi Ltd. (349 ITR 98 (Karn.) The SLP filed by the department against the judgment of Hon'ble jurisdictional High Court has been dismissed by the Hon'ble Supreme Court. Therefore, the finding of CIT(A) is in consistence with the judgment of Hon'ble jurisdictional High Court in the case of CIT vs. Tata Elxsi Ltd. (supra). Thus, we do n .....

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..... rent. 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 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 a formula and in the said formula, 'export 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 .....

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