2015 (3) TMI 405 - HC - Income Tax

Computation of relief u/s 80HHC - Interpretation of term Total turnover - whether Scrap sales should be included in the Total Turnover while computing deduction under 80HHC? - Held that - As relying on Commissioner of Income Tax-VII Vs Punjab Stainless Industries 2014 (5) TMI 238 - SUPREME COURT wherein held that the proceeds generated from the sale of scrap would not be included in the total turnover - If all accountants, auditors, businessmen, manufacturers, etc., are normally interpreting the term turnover as sale proceeds of the commodity in which the business unit is dealing, we see no reason to take a different view than the view normally taken by the persons who are concerned with the said term. - Decided in favour of assessee.

Summary

Issues:
1. Interpretation of Section 80HHC for deduction calculation.
2. Inclusion of scrap sales in total turnover for deduction computation.

Issue 1: Interpretation of Section 80HHC for deduction calculation:
The appellant, engaged in manufacturing auto electrical components, contested the exclusion of 90% of scrap sales from business profits but inclusion in total turnover for deduction under Section 80HHC. The CIT (Appeals) allowed the appeal, rejecting the assessing officer's approach. However, the Tribunal ruled in favor of the Revenue, citing a precedent. The High Court analyzed the Supreme Court's judgment in Commissioner of Income Tax-VII Vs Punjab Stainless Industries, emphasizing the importance of turnover in determining deductions under Section 80HHC. The Court upheld the appellant's argument, following the Supreme Court's interpretation, which aligned with normal accounting practices and the legislative intent to promote exports.

Issue 2: Inclusion of scrap sales in total turnover for deduction computation:
The key contention revolved around whether scrap sales should be included in the total turnover while computing deductions under Section 80HHC. The Tribunal, guided by a previous decision, directed the Assessing Officer to include scrap sales in total turnover. The High Court, referencing the Supreme Court's ruling in a similar case, highlighted the impact of total turnover on deduction calculation under Section 80HHC. By aligning with the Supreme Court's interpretation and considering the legislative intent to boost exports, the High Court ruled in favor of the appellant, emphasizing that proceeds from scrap sales should not be included in the total turnover for deduction computation.

In conclusion, the High Court allowed the appeal, setting aside the Tribunal's decision and ruling in favor of the appellant on both issues. The judgment clarified the interpretation of Section 80HHC and emphasized the exclusion of scrap sales from total turnover for deduction calculation, in line with the Supreme Court's guidance and the legislative objective to encourage export activities.