Commissioner Of Income Tax, Coimbatore vs M/S. Lakshmi Machine Works on 25 April, 2007
2. We notice that the Revenue has also proposed
another question with respect to exclusion of excise
duty and sales tax from the computation of turnover
for the purpose of section 80HHC of the the Income Tax
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O/TAXAP/61/2018 ORDER
Act, 1961 ('the Act' for short). This issue is raised
particularly in context of section 145A of the Act.
However, we notice that this question has been
examined by this Court in case of Commissioner of
IncometaxI v. Dyntex Dyechem Ltd. reported in
[2014] 42 taxmann.com 227 (Gujarat). The Court
relying on the judgment of the Supreme Court in case
of CIT v. Lakshmi Machine Works reported in [2007]
290 ITR 667 rejected the Revenue's contention in this
regard.