VidhiSangh

Supreme Court of India · 24/04/2018

COMMISSIONER OF INCOME TAX, CENTRAL-III versus HCL TECHNOLOGIES LTD.

[2018] 7 S.C.R. 1079 · 2018 INSC 398

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Summary

The Supreme Court held that expenditure excluded from export turnover in computing the section 10A deduction must also be excluded from total turnover. Keeping freight, telecommunication and insurance exclusions only in the numerator would distort the export-profit formula. The same treatment applied to foreign-exchange expenditure on technical services outside India. The Revenue’s appeals failed; the judgment also noted the absence of evidence establishing independent technical services apart from software development in this case.

Issues

  1. Whether amounts excluded from export turnover also required exclusion from total turnover under section 10A.
  2. Whether foreign-exchange expenditure for technical services outside India required corresponding treatment.
  3. Whether definitions confined to sections 80HHC and 80HHE automatically governed section 10A.

Held

Result

Revenue’s appeals dismissed; connected matters and interlocutory applications disposed of without costs.

Judgment PDF: Supreme Court of India, [2018] 7 S.C.R. 1079.