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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/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 Date of Judgment 09-07-2018, ITA No.271/2012 The Commissioner of Income-tax CIT [A] & another Vs. M/s. Continuous Computing India Pvt. Ltd., 7/13 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.
Karnataka High Court Cites 2 - Cited by 431 - Full Document

M/S Insilica Semiconductors India Pvt. ... vs Department Of Income Tax on 4 December, 2015

In the present case, it is noticed that a similar issue having similar facts has been adjudicated by this Bench of the Tribunal in the case of M/s. Insilica Semiconductors India Pvt. Ltd., v. ITO in ITA No.1399/Bang/2010 for the A.Y. 2006-07, order dated 29.02.2012 and the issue has been remanded back to the AO / TPO. The relevant findings are given in paras 18 & 19 of the said order which read as under:
Income Tax Appellate Tribunal - Bangalore Cites 4 - Cited by 5 - Full Document
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