2008 (7) TMI 952

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....enue has filed this Tax Appeal for the Assessment Year 1993-94. The appeal was admitted by this Court on 17th July, 2006 and the following substantial question of law was proposed and the appeal was admitted qua the said question of law : "Whether on the facts and circumstances and in law the ITAT was right in directing the AO to exclude the sums relatable to Sales Tax and Excise Duty ....

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....es 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. Since excise duty and sales tax did not involve any such turnover such taxes are however to be excluded. Commission, interest, rent, etc. do yield profits, but they do not part....