Official Gazette:
specified in sub-rule.
(Export turnover of good + Export turnover of services)
Refund amount =
* Net CENVAT credit Total turnover
Where,-
(A) "Refund ... following
manner, namely:-
Export turnover of services =
payments received during the
relevant period for export services
+ export services whose provision
has been completed for which
Export Turnover''
and the Assessing Officer was directed to delete the
exclusion of foreign exchange from the 'Export Turnover ... excluded in computing the 'Export
Turnover' as it forms part of the 'Export
Turnover'. In the instant case as is clear
export turnover" means the consideration in
respect of export by the undertaking, being
the Unit of articles or things or services
received ... connection with export of computer software, cannot
be excluded in computing the export turnover as it forms
part of export turnover. The aforesaid order
engineering, designing services, information technology
support services, back office accounting support services, contract
research and development services and sourcing support services for
its group companies ... reduced the abovementioned
expenditure from the export turnover by placing reliance on
the definition of 'export turnover' provided under
Explanation 1 to Section
period in dispute is reproduced
below:-
(Export turnover of goods
Refund + Export turnover of Net CENVAT
= services) ×
amount credit
Total turnover
Where, -
(A) "Refund ... following manner, namely :-
Export turnover of services = payments received during the relevant
period for export services + export services whose provision has been
completed for which
Section
10B defines export turnover as under:
"(iii) “export turnover” means the consideration in respect
of export (by the undertaking) of articles or things ... export
turnover” as defined in clause (iii) above would go to
show that “export turnover” of computer software means
consideration received in respect of export
turnover' and the 'total turnover'. While
considering the said submission, the DRP took note of the definition of
''export turnover ... export turnover' and the
Assessing Officer was directed to delete the exclusion of foreign
exchange from the export turnover of the business
rendering technical services outside India for reduction
from the export turnover as well as total turnover are
7
covered by a decision of the special bench ... relatable to the export of computer software
are to be reduced from export turnover as well as from
total turnover. However, it was held that
makes a distinction between
technical services rendered in connection with export
of computer software and export of technical services
for the purpose of development ... services cannot be excluded in computing
the export turnover as it forms part of the export
turnover. In the instant case as is clear from
profit of such eligible unit in proportion of export
turnover to the total turnover of the undertaking. The
business profit of the eligible unit includes ... unit, the same proportion as the
export turnover in respect of such articles or things or
services bears to the total turnover of the business
