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TMI Blog2014 (10) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... sales tax amounting to Rs. 259,70,00,717/- cannot be included in the total turnover in the light of the judgment of this Hon'ble Court in ITA No.928/2006 applicable to assessment year 1994-95 without taking into consideration the amended Section 145A of the Act introduced w.e.f. 1.4.1999 and applicable to the current assessment year? 2) Whether the Appellate Authorities were correct in holding that receipts of Rs. 5,24,63,704/- from sale of scrap cannot be included in the total turnover for the purpose of computation of deduction u/s.80HHC of the Act? 3) Whether the Appellate Authorities were correct in holding that 90% of the fees received from Robert Bosch of Rs. 4,32,08,798/- cannot be excluded in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in (2014) 364 ITR 144 (SC) wherein it was held as under: "Normally, the term "turnover" would show the sales effected by a business unit. In the course of the business, in addition to the normal sales, the business unit may also sell some other things. In ordinary accounting parlance, as approved by all accountants and auditors, the term "sales", when reflected in the profit and loss account, would indicate sale proceeds from sale of the articles or things in which the business unit is dealing. When other things like old furniture or a capital asset, in which the business unit is not dealing are sold, the sale proceeds therefrom would not be included in "sales" but would be shown separately. Sale proceeds from scrap m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tc. For the year 1994-95 the assess received Rs. 64,75,373 as fees towards developmental work from a foreign enterprise. The assessee claimed deduction under section 80-O of the Act, which was granted. For the purpose of deduction under section 80HHC of the Act, the Assessing Officer deducted 90 percent of the amount applying the provisions of Explanation (baa) to section 80HHC of the Act. The assessee objected to the deduction. The assessee contended that the proviso to Explanation (baa) could be applied only to those items which are specifically mentioned therein. The Tribunal accepted the assessee's contention. On appeal to the High Court: Held, dismissing the appeal, that admittedly that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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