2013 (7) TMI 928 - HC - Income Tax

Court ruling: Insurance claim, exchange rate not 'other receipts' under Income Tax Act. Sales tax excluded from turnover.

The High Court upheld the Tribunal's decision that insurance claim and exchange rate fluctuation were not to be considered as 'other receipts' under ... - Issues involved: The judgment involves challenges to the order passed by the Income Tax Appellate Tribunal on questions related to the treatment of insurance claim, exchange rate fluctuation, and sales tax under section 80 HHC(4C) and section 80HHC of the Income Tax Act.Treatment of insurance claim and exchange rate fluctuation: The High Court upheld the Tribunal's decision that insurance claim and exchange rate fluctuation were not to be considered as 'other receipts' and that 90% of such receipts could not be reduced from the 'profit of business' under clause (baa) of Explanation below Section 80 HHC(4C) of the Income Tax Act. This decision was consistent with previous rulings in other cases.Inclusion of sales tax in total turnover: The Court also affirmed the Tribunal's ruling that sales tax should not be included in the total turnover for computing deduction under section 80HHC of the Income Tax Act. The sales tax, realized as part of the sale proceeds of goods manufactured by the respondent, was deemed not includible in the total turnover.Conclusion: With the agreement between the parties and in line with the separate orders passed in related cases, the High Court answered questions (i) and (ii) against the revenue and in favor of the assessee. The appeal was dismissed accordingly.