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1 - 3 of 3 (0.02 seconds)C.I.T., Central-Iii, N.Delhi vs Hcl Technologies Ltd. on 24 April, 2018
However, learned counsel for the appellants - revenue
frankly submits that the question proposed in these appeals
stands answered in terms of the decision of the Hon'ble
Supreme Court in the case of Commissioner of Income Tax,
Central-III vs. HCL Technologies Ltd. : (2018) 404 ITR 719
(SC) at paragraphs 10, 15 and 17 to 21 of the said decision,
the Supreme Court has held as follows:-
The Commissioner Of Income Tax vs M/S. Tata Elxsi Ltd on 30 August, 2011
17. The similar nature of controversy, akin this
case, arose before the Karnataka High Court in
CIT v. Tata Elxsi Ltd. [2012]204 Taxman
321/17/taxmann.com100/349 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,
ITA.Nos.36-37/2018
-5-
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.
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