Supreme Court of India

Commissioner of Income Tax, Central-iii v. Hcl Technologies Ltd.

Neutral citation
Bench R.K. Agrawal and R. Banumathi JJ.
Decided 24 April 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the considered view that these instant appeals are devoid of merits and deserve to be dismissed.

Judgment, page 13

From the headnote

Income Tax Act, 1961 – ss.10A, 80HHC and 80HHE – Claim of certain expenses attributable to the delivery of software outside India or in providing technical services from ‘total turnover’ by the Respondent u/s. 10A of the IT Act – Neither s.10A nor s.2 of the IT Act define the term ‘total turnover’ – However, the term ‘total turnover’ is given in clause (ba) of the Explanation to s.80 HHC of the IT Act – Held: The definition of total turnover given u/ss. 80HHC and 80HHE cannot be adopted for the purpose of s.10A as the technical meaning of total turnover, which does not envisage the reduction…

Where later benches applied it

Of those, 1 relied on

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