TyConform and rotated object

[Mnietek]

[...] The plane on the right ("rotated object") is pointing down, so the rays are being cast down. [...]

Why do you think that normals of this plane is pointing down??
This normals are perpendicular to the surface:
   

Normals of both planes are exacly the same. And result of tyConform modifier should be the same - I think...