2014 (4) TMI 889 - AT - Income Tax

Computation of deduction u/s 80HHC of the Act Exclusion of sales tax and excise duty Whether the Tribunal is right in directing the Assessing Officer to exclude excise duty and sales tax from the total turnover computing deduction u/s. 80HHC, even after insertion of Section 145A of the Act - Held that - The decision in Commissioner of Income-Tax Versus Lakshmi Machine Works 2007 (4) TMI 202 - SUPREME Court followed - The Tribunal has not committed any error in holding that the components of sales tax and central excise do not form part of sale proceeds for the purpose of Section 80HHC of the Act despite insertion of Section 145A of the Act Decided against Revenue.

Summary

Issues:
- Appeal filed by Revenue against CIT(A) order for A.Y. 2004-05
- Exclusion of sales tax and excise duty from total turnover for deduction under section 80HHC

Analysis:
1. The appeal was filed by the Revenue against the CIT(A) order for the assessment year 2004-05. The Assessee, a company engaged in manufacturing and export, had initially declared a total income of Rs. 26,06,860. The assessment was completed under section 143(3) with the total income assessed at Rs. 87,82,625. Subsequently, a notice under section 148 was issued, leading to a revised assessment under section 143(3) read with Section 147, resulting in a total income of Rs. 89,28,620. The dispute arose regarding the computation of deduction under section 80HHC, specifically concerning the exclusion of sales tax and excise duty from the total turnover.

2. The Assessing Officer (A.O.) contended that sales tax and excise duty should be included in the total turnover as per Section 145A of the Income Tax Act. However, the CIT(A) relied on the decision of the Supreme Court in the case of Lakshmi Machine Works Ltd, where it was held that sales tax and excise duty should be excluded from the total turnover for calculating the deduction under section 80HHC. The CIT(A) directed the A.O. to compute the deduction by excluding sales tax and excise duty from the total turnover.

3. The Revenue challenged the CIT(A) order before the Appellate Tribunal. The Tribunal noted that a similar issue was addressed by the Hon'ble High Court in a previous case related to the Assessee. The High Court had ruled in favor of the Assessee, emphasizing that sales tax and excise duty should not be included in the total turnover for computing the deduction under section 80HHC. The Tribunal found no reason to interfere with the CIT(A) order as the facts of the current case were identical to those of the previous years.

4. The Hon'ble Gujarat High Court decision supported the exclusion of sales tax and excise duty from the total turnover for the purpose of section 80HHC deduction. The Revenue failed to provide any contradictory binding decision or distinguish the current case from previous judgments. Consequently, the Tribunal dismissed the appeal of the Revenue and the cross-objection of the Assessee.

5. In conclusion, the Tribunal upheld the CIT(A) order, emphasizing the exclusion of sales tax and excise duty from the total turnover for calculating the deduction under section 80HHC. The appeal of the Revenue and the cross-objection of the Assessee were both dismissed.