2018 (4) TMI 193

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....dav For the Petitioner : Sri K. V. Aravind, Advocate JUDGMENT These three appeals by the Revenue under Section 260-A of the Income Tax Act, 1961 ['the Act'], arising out of the common order dated 30.03.2017 as passed by the Income Tax Appellate Tribunal, Bengaluru Bench 'B' ['the Tribunal'] in relation to the same assessee pertaining to the assessment years 2008-2009 to 2010-2011 and involving ....

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....Income Tax (Appeals), Bengaluru-2 ['the CIT(A)'] accepted these contentions of the assessee, inter alia, with reference to the decision of this Court in the case of COMMISSIONER OF INCOME TAX v. TATA ELXSI LTD.: [2012] 349 ITR 98 (Karnataka). This part of the order so passed by the CIT(A), has been approved by the Tribunal in the order impugned, while following the aforesaid decision in the case ....

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....on10-A of the Act, has been dealt with by this Court in the case of TATA ELXSI LTD. (supra); and this Court has answered the question against the Revenue, while holding, inter alia, as under: "... In other words, if the export turnover in the numerator is to be arrived at after excluding certain expenses, the same should also be excluded in computing the export turnover as a component of total t....

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....cludes export turnover, the very same meaning given to the export turnover by the legislature is to be adopted while understanding the meaning of the total turnover, when the total turnover includes export turnover. If what is excluded in computing the export turnover is included while arriving at the total turnover, when the export turnover is a component of total turnover, such an interpretation....