U/s 10 B of Income Tax Act

[Rinky Jhanwar]

U/s section 10B Amount Excluded from export turnover should also be excluded from total turnover. There is evidence inherent in the definition of ‘export turnover’ itself that it should represent “consideration” for export of the articles or things or computer software. It follows that the expression ‘total turnover’ which is not defined in section 10B should also be interpreted in the same manner. Thus the items of expenses referred to in the definition of ‘export turnover’ cannot form part of the total turnover since the receipts by way of recovery of such expenses cannot be said to represent consideration for the goods exported. In this behalf, it must be borne in mind that total turnover is nothing but the aggregate of the domestic turnover and the export turnover. So it should be interpreted in the same manner. mu queries are 1) Is there any case law / judgement to support 2) Any suggestin / wayout on the above issue

[Surender Gupta]

There are some case laws delaing with the issues involved from Section 10B. You may find relevant case by visiting this link:

http://www.taxmanagementindia.com/search/advanced/list_case_laws_search.asp?search_in=Cases&Law=17&Provision=010B

[Surender Gupta]

Further, you  may visit:

2009 -TMI - 70681 - ITAT MADRAS-D wherein scope of total turnover is explained as under:

39. For the above reasons, we hold that for the purpose of applying the formula under sub-s. (4) of s. 10B, the freight, telecom charges or insurance attributable to the delivery of articles or things or computer software outside India or the expenses, if any, incurred in foreign exchange in providing the technical services outside India are to be excluded both from the export turnover and from the total turnover, which are the numerator and the denominator respectively in the formula. The appeals filed by the Department are thus dismissed. We make it clear that we have not decided the cases of the interveners and they will be decided by the respective Benches in conformity with our decision.