TMI Blog2010 (12) TMI 371X X X X Extracts X X X X X X X X Extracts X X X X ..... n 80HHC(3) while computing deduction under Section 80HHC of the Act - The question of law is answered in favour of the revenue and against the assessee - ITA No. 426 of 2007 - - - Dated:- 9-12-2010 - MR. JUSTICE ADARSH KUMAR GOEL, MR. JUSTICE AJAY KUMAR MITTAL, JJ. Mr. Yogesh Putney, Advocate for the appellant. Ms. Monisha Gandhi, Advocate for the respondent. AJAY KUMAR MITTAL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... definition of the term 'total turnover' as given in clause (ba) of the Explanation given below subsection (4C) of Section 80HHC? 3. Briefly stated the facts of the case, as narrated in the instant appeal, are that the assessee is a partnership firm and is running a rice sheller. It derives income from export, domestic sale of rice and job charges received from husking of rice. The assessee fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l) [in short the CIT(A) ] who vide order dated 20.10.2004 dismissed the appeal upholding the order of the Assessing Officer. On further appeal by the assessee, the Tribunal vide order dated 15.2.2007 while partly allowing the appeal held that processing charges cannot be included in the total turnover for the purpose of computing deduction under Section 80HHC. As regards the issue of disallowance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner of Income-Tax v. K. Ravindranathan Nair, [2007] 295 ITR 228 (SC) and the Hon'ble Supreme Court while reversing the decision of Kerala High Court in Rajendranathan Nair's case (supra) had held that processing charges are to be included in the total turnover in the formula in Section 80HHC(3) while computing deduction under Section 80HHC of the Act. 6. In view of the above, the question ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
