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TMI Blog2009 (11) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... le to exports and yet it cannot form part of "turnover" for the purposes of section 80HHC, excise duty and sales tax also cannot form part of 'turnover'. Just as interest, commission, etc., do not emanate from the 'turnover' so also excise duty and sales tax do not emanate from such turnover. - excise duty and sales tax also cannot form part of the 'total turnover' under section 80HHC(3). - 1091 and 1092 of 2009 and M.P.No.1 of 2009 - - - Dated:- 3-11-2009 - K. RAVIRAJA PANDIAN and M. M. SUNDRESH JJ. Mr. T. Ravikumar for the appellant in both T.Cs. Mr. R. Venkata Narayanan for Mr. Subbarayama Aiyar for the Respondent both T.Cs. JUDGMENT The judgment of the Court was delivered by K. RAVIRAJA PANDIAN, J. - The appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal before the Commissioner of Income-tax (Appeals), who allowed the claim of the assessee. Against that order, the Department preferred appeal before the Income-tax Appellate Tribunal and the Tribunal held in favour of the assessee on the ground that this Court in the assessee's own case for the assessment year 1987-88 and 1989-90 in T.C.NOs.582 and 583 of 1995 dated 15.10.23001 answered the question in favour of the assessee. Against that order, the Department preferred a Special Leave Petition in C.C.Nos.1776 and 1777, which stands dismissed by the Supreme Court on 21.2.2003 owing to the delay in filing. Aggrieved by the said order, the appellant filed the appeal in T.C.A.No.1091 of 2009. 3. In the other Tax Case Appeal in T.C.A.No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pt is on revenue account. On the other hand, if the object of the assistance under the subsidy scheme is to enable the assessee to set up a new unit or to expand an existing unit then the receipt of the subsidy would be on capital account." By observing so, the Supreme Court approved the decision of this Court in the case of COMMISSIONER OF INCOME-TAX VS. PONNI SUGARS AND CHEMICALS LIMITED reported in 260 ITR 605. 5. The question of law involved in T.C.A.No.1092 of 2009 is also no more res integra and it has been finally decided by the Supreme Court against the revenue in the case of COMMISSIONER OF INCOME TAX VS. LAKSHMI MACHINE WORKS reported in 290 ITR 667, wherein the Supreme Court has held that "Section 80HHC of the Income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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