2011 (1) TMI 1326 - AT - Income Tax

Summary

Issues involved:
Cross appeals regarding inclusion of Cenvat element in closing stock, scrap sale in total turnover for deduction u/s.80HHC, exclusion of interest receipt from profit for deduction u/s.80HHC, computation of arm's length price for exports, exclusion of excise duty and sales-tax from total turnover for deduction u/s.80HHC, direction for not deducting certain receipts, and reduction of arm's length price.

Issue 1: Inclusion of Cenvat element in closing stock

The assessee appealed against the inclusion of Cenvat element in the closing stock. The Tribunal, based on previous orders in the assessee's favor, overturned the impugned order, allowing this ground.

Issue 2: Scrap sale in total turnover for deduction u/s.80HHC

The appeal contested the inclusion of scrap sale in the total turnover for deduction u/s.80HHC. The Tribunal referred to a recent order and upheld the impugned order based on the Supreme Court judgment, dismissing this ground.

Issue 3: Exclusion of interest receipt from profit for deduction u/s.80HHC

The contention was about excluding interest receipt from profit for deduction u/s.80HHC. Following a previous decision, the Tribunal set aside the impugned order on this issue for fresh consideration by the AO.

Issue 4: Computation of arm's length price for exports

Challenges were raised regarding the computation of arm's length price for exports to associated enterprises. The Tribunal, considering past decisions against the assessee, dismissed these grounds of appeal.

Issue 5: Exclusion of excise duty and sales-tax from total turnover for deduction u/s.80HHC

The Revenue appealed against the exclusion of excise duty and sales-tax from total turnover for deduction u/s.80HHC. Upholding the Supreme Court judgment, the Tribunal upheld the impugned order on this matter.

Issue 6: Direction for not deducting certain receipts

The appeal contested the direction to not deduct certain receipts. Referring to a previous decision in the assessee's favor, the Tribunal upheld the impugned order on this issue.

Issue 7: Reduction of arm's length price

The challenge was against the reduction of arm's length price. Acknowledging a previous decision against the assessee, the Tribunal set aside the impugned order on this issue, allowing this ground.

In conclusion, both appeals were partly allowed by the Tribunal, with various grounds being upheld or set aside based on legal precedents and previous decisions.