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TMI Blog2016 (9) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... 202 - SUPREME Court ) to the facts of the cases on hand, the question raised is held against the Revenue and it is held that the learned Tribunal has not committed any error in holding that the excise duty is to be excluded for the purpose of computation of deduction u/s. 80HHC. - Decided in favour of the assessee. Also see Commissioner of Income Tax Versus Pogagen Amp Nagarsheth Powertronics Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lding that the total turnover for the purposes of reduction u/s 80HHC will not include Sales Tax and Excise Duty even after insertion of Section 145A? 2. The assessee filed its return of income for the assessment year in question and during the course of assessment , the assessing officer observed that the assessee has shown total turnover at ₹ 21,46,20,092/-. On scrutiny of details i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Tax Appeal for consideration of the aforesaid substantial question of law. 4. Ms. Mauna Bhatt, learned advocate appearing for the revenue submitted that the authorities below erred in holding that the sales tax and excise duty is not required to be included in the turnover. She submitted that in fact sales tax and excise duty being trading receipts are required to be included in the turnover. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich is raised in the present appeals is required to be answered in favour of the revenue. We are in complete agreement with the concurrent finding of facts by the authorities below. The Tribunal has observed that the receipts of excise duty and sales tax should not be included in the total turnover because they do not have any element of profit. The Tribunal has considered the decision of the Ape ..... X X X X Extracts X X X X X X X X Extracts X X X X
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