2022 (7) TMI 960

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....atenarayanan And Mr.Subbaraya Aiyar JUDGMENT R.MAHADEVAN, J. This tax case appeal has been filed by the appellant / Revenue, challenging the order dated 18.12.2015 passed by the Income Tax Appellate Tribunal, 'A' Bench, Chennai, in I.T.A.No.1523/Mds/2015, relating to the assessment year 2009-10. 2. By order dated 05.12.2017, this court admitted the aforesaid tax case appeal on the f....

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....deration, the learned counsel appearing for the appellant fairly submitted that the substantial questions of law raised herein have been decided in favour of the assessee, in the decision of the Hon'ble Supreme Court in Commissioner of Income Tax vs. HCL Technologies Ltd., [(2018) 404 ITR 719 (SC)], the relevant passage of which, is usefully extracted hereunder: " 17. The similar nature of c....

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....turnover' is export turnover. Any other interpretation would run counter to the legislative intent and would be impermissible. 18. Accordingly, the formula for computation of the deduction under Section10A of the Act would be as follows: Export Profit = total Profit of the Business X Export turnover as defined in Explanation 2 (IV) of Section 10A of IT Act / Export turnover as defined in Exp....

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....ied that such deduction shall be allowed from the total turnover in same proportion as well. 21. On the issue of expenses on technical services provided outside, we have to follow the same principle of interpretation as followed in the case of expenses of freight, telecommunication etc., otherwise the formula of calculation would be futile. Hence, in the same way, expenses incurred in foreign e....