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The total turnover of the business carried on by the
undertaking would consist of the turnover from export and the
turnover from local sales. The export turnover constitutes the
numerator in the formula prescribed by sub-section (4). Export
IT(TP)A No.1083/Bang/2016
& C.O. No.77/Bang/2016
turnover also forms a constituent element of the denominator in
as much as the export turnover is a part of the total turnover.
The export turnover, in the numerator must have the same
meaning as the export turnover which is constituent element of
the total turnover in the denominator. The legislature has
provided a definition of the expression "export turnover" in
Expln.2 to s.10A which the expression is defined to mean the
consideration in respect of export by the undertaking of
articles, things or computer software received in or brought
into India by the assessee in convertible foreign exchange but
so as not to include inter alia freight, telecommunication
charges or insurance attributable to the delivery of the
articles, things or software outside India. Therefore in
computing the export turnover the legislature has made a
specific exclusion of freight and insurance charges. The
submission which has been urged on behalf of the revenue is
that while freight and insurance charges are liable to be
excluded in computing export turnover, a similar exclusion has
not been provided in regard to total turnover. The submission
of the revenue, however, misses the point that the expression
"total turnover" has not been defined at all by Parliament for
the purposes of s.10A. However, the expression "export
turnover" has been defined. The definition of "export turnover"