2024 (11) TMI 648 - HC - Income Tax

Tax Appeal Win: Expenses Excluded from Export Turnover Must Be Excluded from Total Turnover for Fair Tax Application.

M/s /Newgen Digital Works Pvt. Limited Versus The Assistant Commissioner of Income Tax Central Circle IV (4), Chennai

The ITAT reversed the first appellate authority's decision, leading to the current appeals. The court ultimately allowed the Tax Case (Appeals), ... Exemption u/s 10B - Tribunal reducing the exemption - expenditures incurred in foreign currency which, according to the petitioner, are liable to be included in the ambit of 'export turnover' in the computation of such exemption - HELD THAT:-The issue in question is covered by a judgment of the Supreme Court in Commissioner of Income Tax Central-III V. HCL Technologies Ltd. [2018 (5) TMI 357 - SUPREME COURT] 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. Issues:1. Interpretation of exemption under Section 10B of the Income Tax Act, 1961.2. Inclusion of expenditures incurred in foreign currency in 'export turnover' for exemption calculation.3. Applicability of deductions from export turnover to total turnover.4. Consistency in interpreting expenses for technical services provided outside.Analysis:The judgment addressed the interpretation of exemption under Section 10B of the Income Tax Act, 1961. The appellant had claimed exemption for expenditures incurred in foreign currency under Section 10B. However, the assessing authority did not accept this claim initially, leading to an appeal. The first appellate authority accepted the appellant's alternate contention that if the expenditure was excluded from 'export turnover', it should also be excluded from total turnover. The Income Tax Appellate Tribunal reversed this decision, prompting the filing of the present appeals.The issue of deductions from export turnover to total turnover was crucial in this case. Both counsels agreed that the matter was covered by a Supreme Court judgment involving a similar controversy. The judgment highlighted the necessity of excluding expenses from total turnover if they were excluded from export turnover. This principle was reiterated in the context of a formula for computation of deduction under Section 10A of the Act. The judgment emphasized that any other interpretation would be against legislative intent and impractical.Furthermore, the judgment stressed the importance of consistency in interpreting expenses related to technical services provided outside. It emphasized that the same principle applied to expenses incurred in foreign exchange for technical services, ensuring that such expenses should be allowed to exclude from the total turnover. The judgment concluded by allowing the Tax Case (Appeals) based on the principles discussed, without imposing any costs.In summary, the judgment clarified the interpretation of exemption under Section 10B, the treatment of expenditures in 'export turnover', the applicability of deductions to total turnover, and the consistency in interpreting expenses for technical services. The decision was based on established legal principles and previous court judgments, ensuring a fair and consistent application of tax laws.