2011 (3) TMI 1020 - HC - Income Tax

Appeal to High Court - The Hon ble ITAT was holding that sale of scrap in India is not a part of total turnover of the Respondent firm for the purpose of calculation of deduction under section 80HHC - The appeal carried by the assessee challenging the order of the assessing officer was allowed by the Commissioner of Income Tax (Appeals) - The Revenue, aggrieved by the order of the CIT(A) preferred appeal before the Tribunal - The Tribunal upheld the order of the CIT(A) - The appeal of the Revenue was, thus, dismissed. Held that the matter is concluded in favour of the Revenue by Court in Income Tax Appeal No. 31 of 2002 (Commissioner of Income-tax-III, Ludhiana v. Bicycle Wheels (India) decided on 11.10.2010 - It was held that the sale of scrap in the domestic market would form part of total turnover for calculating the deduction claimed under Section 80HHC of the Act - Hence, the substantial questions of law are answered in favour of the Revenue and against the assessee.

Summary

Issues:
1. Interpretation of Section 80HHC of the Income-Tax Act, 1961 regarding the inclusion of sales of scrap in total turnover for calculating deduction.
2. Whether sales of scrap, being a by-product of manufacturing process, should be considered in computing total turnover for deduction under Section 80HHC.

Analysis:
The judgment by the High Court of Punjab and Haryana involved the interpretation of Section 80HHC of the Income-Tax Act, 1961, specifically focusing on the inclusion of sales of scrap in the total turnover for calculating deductions. The case revolved around an assessee firm involved in manufacturing and exporting bicycle parts, which had claimed a deduction under Section 80HHC amounting to Rs. 33,82,230 for the assessment year 1994-95. The assessing officer, however, made an addition of Rs. 2,88,230 as the assessee had not included an amount of Rs. 25,08,829 from sales of scrap in India in the total turnover while computing the deduction. The assessing officer argued that the turnover referred to in Section 80HHC encompassed the total turnover of the entire business, including sales of scrap. The Commissioner of Income Tax (Appeals) allowed the assessee's appeal, directing the deduction under Section 80HHC without including the sale of scrap in the total turnover.

The Revenue, dissatisfied with the CIT(A)'s decision, appealed to the Tribunal. The Tribunal, in its order dated 11.7.2005, upheld the CIT(A)'s decision, stating that the sale of scrap was merely incidental to the manufacturing activity, and therefore, the export of bicycle parts could not be considered turnover as the assessee was not engaged in the purchase and sale of scrap. The Revenue then appealed to the High Court, arguing that a previous judgment had established that the sale of scrap in the domestic market should be included in the total turnover for calculating deductions under Section 80HHC.

The High Court, considering the previous judgment, concluded that the sale of scrap in the domestic market should indeed form part of the total turnover for deduction under Section 80HHC. Therefore, the substantial questions of law were answered in favor of the Revenue, leading to the allowance of the appeals.