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2016 (9) TMI 61 - GUJARAT HIGH COURT

2016 (9) TMI 61 - GUJARAT HIGH COURT - TMI - Computation of “total turnover” for the purposes of reduction u/s 80HHC - whether will not include Sales Tax and Excise Duty even after insertion of Section 145A? - Held that:- Applying the ratio of law laid down by the Honble Supreme Court in the case of Lakshmi Machine Works (2007 (4) TMI 202 - SUPREME Court ) to the facts of the cases on hand, the question raised is held against the Revenue and it is held that the learned Tribunal has not committed .....

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aggrieved and dissatisfied with the impugned order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench A (hereinafter referred to as the Tribunal ) dated 18.08.2006 in ITA No. 2017/Ahd/2004 for the Assessment Year 2000-01 respectively, the revenue has preferred the present Tax Appeal. 1.1 The following substantial question of law was raised while admitting the appeals on 17.07.2003 : Whether on the facts and in the circumstances of the case, the Appellate Tribunal is justified in holdi .....

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sessee was asked as to why these two items should not be included in the total turnover for the purpose of calculating deduction u/s 80HHC. The Assessing Officer finally calculated the turnover of the assessee at ₹ 22,99,07,784/- by including the amount of sales tax of ₹ 32,18,285 and excise duty of ₹ 1,20,69,407/-. On appeal, the CIT (Appeals) directed the assessing officer not to include the excise duty and sales tax in total turnover. 3. On appeal before the Tribunal by the .....

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