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TMI Blog2013 (6) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... amount is excluded in arriving at the profits of the business of the assessee attributable to this receipt, i.e., under the head of miscellaneous income, the gross receipts, nevertheless, form part of the total business turnover of the assessee for the purpose of arriving at the total turnover, as indicated in clause (e) of the Explanation to section 80HHE of the Act, the amount mentioned therein has to be excluded. - receipts for the purpose of miscellaneous income under the residuary head necessarily be as part of total turnover and, therefore, the Tribunal was not right in reversing the finding of the Assessing Officer on this aspect. - such is the view taken by the Supreme Court in the case of CIT v. K.Ravindranathan Nair [2007 (11) TM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In so far as the first question is concerned, it is submitted by Sri K. V. Aravind, learned standing counsel for the appellant-Revenue and Sri T. Surya narayan, learned counsel for respondent-assessee that as per the judgment rendered in I. T. A. No. 2973 of 2005* and connected cases on February 13, 2013. We have found that the Tribunal has not examined the factual position satisfactorily and, therefore, while setting aside the order of the Tribunal relating to this question, the matter has been remanded to the Assessing Officer to examine this question afresh in the light of the material to be placed by the assessee before him. In this view of the matter, this question is answered in the like terms and the order relating to this question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellaneous income, the gross receipts, nevertheless, form part of the total business turnover of the assessee for the purpose of arriving at the total turnover, as indicated in clause (e) of the Explanation to section 80HHE of the Act, the amount mentioned therein has to be excluded. Even for the purpose of computing the total turnover in terms of clause (e) of the Explanation, one has to necessarily start from the total turnover of the assessee, as otherwise, arriving at, perhaps, such * This case appears to be to CIT v. Infosys Technologies Ltd. (No. 2) [2012] 349 ITR 588(Karn).turnover, the exclusion is with reference to items mentioned in this clause to the Explanation. We find that the receipts for the purpose of miscellaneous incom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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