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[Cites 2, Cited by 2]

Supreme Court of India

M/S Jagraon Exports vs C.I.T-I Ludhiana on 18 February, 2016

Equivalent citations: AIRONLINE 2016 SC 71

Bench: Rohinton Fali Nariman, Kurian Joseph

                                                                          NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.5759 OF 2012


      M/S JAGRAON EXPORTS                         APPELLANT

                                VERSUS


      C.I.T-I LUDHIANA                            RESPONDENT


                                  WITH

                       CIVIL APPEAL NO.5760 OF 2012

                                  WITH

                       CIVIL APPEAL NO.5761 OF 2012

                                  WITH

                       CIVIL APPEAL NO.5762 OF 2012

                                  WITH

                       CIVIL APPEAL NO.5763 OF 2012

                                  WITH

                       CIVIL APPEAL NO.5764 OF 2012

                                  WITH

                       CIVIL APPEAL NO.5765 OF 2012

                                  WITH

                       CIVIL APPEAL NOS.5766-5771 OF 2012

                                  WITH

                       CIVIL APPEAL NO.5772 OF 2012

                                  WITH

                       CIVIL APPEAL NO.2531 OF 2013

                                  WITH


                       CIVIL APPEAL NO.10916 OF 2013

                                  J U D G M E N T

KURIAN, J.

1. The issue in these appeals pertains to the question whether the proceeds generated from the sale of scrap would be included in the total turnover.

2. In the recent decision of this Court in Commissioner of Income Tax Vs. Punjab Stainless Steel Industries & Ors. reported in [2014] 364 ITR 144 (SC) it has been held that sale proceeds generated from the sale of scrap would not be included in the total turnover for the purpose of deduction under Section 80HHC of the Income Tax Act, 1961.

3. The appeals are allowed in terms of the judgment referred to above.

.................J. [KURIAN JOSEPH] ....................J. [ROHINTON FALI NARIMAN] NEW DELHI;

FEBRUARY 18, 2016