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1 - 7 of 7 (0.86 seconds)Section 10A in The Income Tax Act, 1961 [Entire Act]
The Commissioner Of Income Tax vs M/S. Tata Elxsi Ltd on 30 August, 2011
in CIT v. Tata Elxsi Ltd. [2012] 204 Taxman
321/17/taxman.com 100/349 ITR 98. The issue
before the Karnataka High Court was whether
the Tribunal was correct in holding that while
computing relief under Section 10A of the IT Act,
the amount of communication expenses should be
excluded from the total turnover if the same are
reduced from the export turnover? While giving
the answer to the issue, the High Court, inter-alia,
held that when a particular word is not defined
by the legislature and an ordinary meaning is to
be attributed to it, the said ordinary meaning is to
be in conformity with the context in which it is
used. Hence, what is excluded from 'export
turnover' must also be excluded from 'total
turnover', since one of the components of 'total
turnover' is export turnover. Any other
interpretation would run counter to the legislative
intent and would be impermissible.
Tata Elxsi Ltd. vs Asstt. Cit on 16 October, 2007
3. The issue raised in the present appeal with
regard to the deduction of expenditure incurred for
'Export Turn Over' is also required to be deducted
from 'Total Turn Over' for the purpose of computing
the deduction u/s.10A of the Act, the controversy is no
longer res integra and is covered by the decision of the
Division Bench of this Court in the case of M/s.Tata
Elxsi Ltd., vs. Asst.Commissioner of Income Tax,
decided on 20.10.2015 since reported in (2015) 127
DTR 0327 (Kar), which has been affirmed by the
Hon'ble Supreme Court in the case of Commissioner of
Income-tax, Central - III vs. HCL Technologies Ltd.,
[2018] 93 Taxmann.com 33(SC).
The Income Tax Act, 1961
The Coinage Act, 2011
C.I.T., Central-Iii, N.Delhi vs Hcl Technologies Ltd. on 24 April, 2018
The relevant portion of the judgment of the
Hon'ble Supreme Court in the case of HCL
Technologies Ltd. (supra), is quoted below for ready
reference:-
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