https://www.taxtmi.com/caselaws?id=5111 Section 10A of the Excess Profits Tax Act could not be used to override the express exemption in the third proviso to section 5 for a business whose whole profits accrued or arose in an Indian State. The Act required applicability to be determined first under section 5; only then could anti-avoidance adjustments under section 10A operate. Because the business in question fell within the exempt category, its profits remained outside the charge to excess profits tax. The tax-avoidance provision therefore had no application, and the issue was resolved in favour of the assessee and against the revenue. en-us Wed, 21 Aug 1968 00:00:00 +0530 Thu, 20 Nov 2008 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=5111 Section 10A of the Excess Profits Tax Act could not be used to override the express exemption in the third proviso to section 5 for a business whose whole profits accrued or arose in an Indian State. The Act required applicability to be determined first under section 5; only then could anti-avoidance adjustments under section 10A operate. Because the business in question fell within the exempt category, its profits remained outside the charge to excess profits tax. The tax-avoidance provision therefore had no application, and the issue was resolved in favour of the assessee and against the revenue. Case-Laws Income Tax Wed, 21 Aug 1968 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=5111