2007 (3) TMI 197 - HC - Income Tax

Excise duty sales tax & conversion charges will not be included in total turnover while computing deduction u/s 80 HHC whether expenses on replacement of machinery are revenue/capital expenditure will be determined by provisions of IT Act not on basis of accounting practice of assessee they are revenue expenditure as entire plant & machinery are common unit when no claim for depreciation was made before any authorities to consider question of block of assets no question of law arise

Summary

Issues:
1. Inclusion of excise duty and sales tax in turnover for deduction under section 80 HHC.
2. Treatment of conversion charges in turnover for deduction under section 80 HHC.
3. Classification of expenditure on replacement of machinery as capital or revenue.
4. Interpretation of block of assets concept in relation to replacement of machinery.

Analysis:

Issue 1:
The court addressed whether excise duty and sales tax should be included in the turnover for the calculation of deduction under section 80 HHC. Referring to previous cases, the court held that excise duty and sales tax, being indirect taxes collected and paid over to the government, should not be considered as part of the turnover for the purpose of the deduction.

Issue 2:
Regarding the treatment of conversion charges in turnover for deduction under section 80 HHC, the court cited precedents where it was established that certain receipts, like conversion charges, which do not have an element of turnover, should be excluded from the business profit for the calculation of the deduction. Following this reasoning, the court excluded conversion charges from the turnover.

Issue 3:
The court examined whether expenditure on replacement of machinery should be classified as capital or revenue. It was clarified that the determination should be based on the provisions of the Act rather than the accounting practice of the assessee. The court held that the cost towards replacement of part of the machinery would be considered as revenue expenditure.

Issue 4:
In relation to the interpretation of the block of assets concept concerning replacement of machinery, the court emphasized that the entire plant and machinery should be viewed as one common unit. As each replaced machine could not be considered independent and did not result in an intermediate marketable product, the cost towards replacement of part of the machinery was deemed as revenue expenditure. The court also noted that the question of block of assets did not arise in this case as there was no acquisition of new assets with enduring advantage and no claim for depreciation was made.

In conclusion, finding no substantial questions of law for consideration, the court dismissed all appeals related to the issues discussed above.