9911796707
TMI Blog2009 (4) TMI 469X X X X Extracts X X X X X X X X Extracts X X X X ..... n J.- The Revenue is on appeal against the order of the Income-tax Appellate Tribunal, "D" Bench, Chennai datedOctober 13, 2004made in I. T. A. No. 2458/Mds/1994 for the assessment year 1991-92. 2. The Assessing Officer, while completing the assessment of the assessee company for the assessment year 1991-92, found that the assessee has not taken into account the conversion charges received to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal before the Tribunal by following the assessee's own case in respect of proceedings under section 154 of the Act in I. T. A. No. 1544/Mds/97 datedJune 28, 2004. The correctness of the same is canvassed before this court. 3. Learned counsel for the Revenue submitted that the issue is already decided by this court against the Revenue in the case of CIT v. Metal Powder Co. Ltd. [2008] 300 ITR 48. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st, etc. This court in CIT v. Sundaram Clayton Ltd. [2006] 281 ITR 425 also held that the charges of miscellaneous income and commission do not form part of the turnover for the purpose of calculation of deduction under section 80HHC of the Act. Applying the above ratio to the facts of the case, we are of the view that the conversion charges have to be excluded from the business profit for the pur ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
