ITAT Pune affirms: Excise duty excluded from turnover under section 10B.

The Appellate Tribunal ITAT Pune dismissed the Revenue's appeal against the CIT (A)'s order regarding the treatment of excise duty in the total turnover u/s 10B for the assessment year 2004-05. The Tribunal upheld the CIT (A)'s decision, citing a previous order in the assessee's favor for the preceding assessment year. The appeal was ultimately dismissed, affirming that excise duty was not to be included in the total turnover u/s 10B.

---

---

Issues involved: Appeal by Revenue against CIT (A) order regarding excise duty as part of total turnover u/s 10B for assessment year 2004-05.

Summary:
The Appellate Tribunal ITAT Pune heard an appeal by the Revenue against the order of the Commissioner of Income-tax (Appeals), Aurangabad dated 03.8.2007, arising from an order by the Assessing Officer u/s 143(3) of the Income-tax Act, 1961, for the assessment year 2004-05.

The main ground of appeal raised by the Revenue was whether the CIT (A) erred in considering excise duty paid/payable by the assessee as not part of the total turnover u/s 10B, citing a decision of the Hon'ble High Court, Bombay, in a different case. The Tribunal noted that a similar issue had been decided against the Revenue in the assessee's case for the previous assessment year 2003-04 by a co-ordinate Bench. After reviewing the previous order and finding the issue to be identical, the Tribunal affirmed the CIT (A)'s order and dismissed the Revenue's appeal.

Ultimately, the Tribunal dismissed the appeal of the Revenue, upholding the decision of the Commissioner of Income-tax (Appeals) regarding the treatment of excise duty in the total turnover u/s 10B.

The decision was pronounced in the open court on September 7th, 2011.

---