2016 (11) TMI 1305 - HC - Income Tax

High Court rules in favor of assessee on Income Tax Act issues, excludes scrap sales from turnover.

The High Court ruled in favor of the assessee on all issues raised in the appeal related to the interpretation and application of provisions of the Income ... Calculation of deduction under Section 80HHC - Interpretation of term “Total turnover” - whether sale of scrap do not form part of the turnover? - Held that:- The proceeds generated from the sale of scrap would not be included in the ‘total turnover’. See Commissioner of Income Tax-VII vs. Punjab Stainless Industries [2014 (5) TMI 238 - SUPREME COURT ] – Decided against Revenue. Net interest received considered for deducting 90% of interest income in compliance of explanation (baa) to Section 80HHC - Held that:- The same substantial question of law has fallen for consideration before the Supreme Court in ASCG Associated Capsules Private Limited vs. Commissioner of Income Tax - (2012 (2) TMI 101 - SUPREME COURT OF INDIA ) wherein it was held that 90% of the net amount of any receipt of the nature mentioned in Clause (1) of Explanation (baa) of Section 80HHC, which is actually included in the profits of the assessee, is to be deducted from the profits of the assessee for determining the 'profits of the business' – Decided against Revenue. Issues:1. Interpretation of turnover for deduction under Section 80HHC2. Treatment of scrap sales in total turnover calculation3. Deduction of interest income under explanation (baa) to Section 80HHC4. Rectification vs. review of orders under Section 254(2) of the Income Tax ActIssue 1: Interpretation of turnover for deduction under Section 80HHCThe High Court addressed whether the sale of scrap should be considered as part of the turnover for calculating the deduction under Section 80HHC. The Tribunal had held that the sale of scrap does not form part of the turnover for this purpose. The Court referred to a Supreme Court decision in Commissioner of Income Tax-VII vs. Punjab Stainless Industries, where similar issues were considered, and ruled in favor of the assessee. Consequently, the Court answered this question against the Revenue and in favor of the assessee.Issue 2: Treatment of scrap sales in total turnover calculationThe Court further examined whether the entire scrap sales, although included in business profit, should be excluded from the total turnover for deduction under Section 80HHC. The Court clarified that the explanation (baa) would not apply to scrap sales for turnover calculation. Following the precedent set by the Supreme Court in the aforementioned case, the Court ruled against the Revenue and in favor of the assessee on this issue as well.Issue 3: Deduction of interest income under explanation (baa) to Section 80HHCRegarding the deduction of interest income under explanation (baa) to Section 80HHC, the Court considered a previous Supreme Court judgment in ASCG Associated Capsules Private Limited vs. Commissioner of Income Tax. The Supreme Court had ruled that 90% of the net amount of any receipt mentioned in the explanation should be deducted from the profits of the assessee. The Court concluded that this issue was settled by the Supreme Court's decision and dismissed the appeal accordingly.Issue 4: Rectification vs. review of orders under Section 254(2) of the Income Tax ActThe Court also dealt with the question of whether recalling an order without considering a specific ground raised would amount to a review of the order rather than a rectification under Section 254(2) of the Income Tax Act. Due to the judgment in another case related to the same assessee, the Court found this issue to be academic and dismissed the appeal while preserving the question for future examination in a suitable case.This detailed analysis of the judgment covers the various issues raised in the appeal before the High Court, providing insights into the interpretation and application of relevant provisions of the Income Tax Act.