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TMI Blog2014 (4) TMI 889X X X X Extracts X X X X X X X X Extracts X X X X ..... n 145A of the Act – Decided against Revenue. - ITA No.157/AHD/2011 and CO No.28/AHD/2011 - - - Dated:- 14-3-2014 - For the Appellant : Shri R K Dhanesta, Sr. DR For the Respondent : Shri Jaimin B Shah AR ORDER Per: Anil Chaturvedi: 1. This appeal is filed by the Revenue against the order of CIT(A)-VI, Ahmedabad dated 09.11.2010 for A.Y. 2004-05 and Assessee has also filed a C.O. 2. The relevant facts as culled out from the material on record are as under. 3. Assessee is a company engaged in the business of manufacturing and export of Intermediate Dyes and Chemicals. Assessee filed its return of income for A.Y. 04-05 on 20.10.2004 declaring total income of Rs. 26,06,860/-. The assessment was completed under sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidered the facts of the case, assessment order and appellant's submission. The issue relating to inclusion of sales tax excise duty in total turnover for the purpose of calculating deduction under section 80 HHC is settled by the decision of honorable Supreme Court in the case of Lakshmi machine Works Ltd, 290 ITR wherein it is clearly held that these items will not be included in total turnover since these are not the part of export profits and also export turnover. Respectfully following this decision, assessing officer is directed to compute deduction under section 80HHC by excluding sales tax and excise duty from total turnover. 5. Aggrieved by the order of CIT(A), the Revenue is now in appeal before us. 6. Before us at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 61 (hereinafter referred to as the Act ) has not been considered and dealt with. However, considering the fact that as such there is no amendment in section 80HHC of the Act and considering the observations made by the Hon ble Supreme Court in paras 16 to 18 in the case of Lakshmi Machine Works (supra), Ms. Mauna Bhatt, learned counsel appearing on behalf of the Revenue is not in a position to satisfy the court as to how the decisions of the Hon ble Supreme Court in the cases of Lakhmi Machine Works (supra) and Shiva Tex Yarn Ltd. (supra) would not be applicable to the facts of the case on hand. 6. .. 7. Applying ratio laid down by the Hon ble Supreme Court in the case of Lakshmi Machine Works (supra) and Shiva ..... X X X X Extracts X X X X X X X X Extracts X X X X
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