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Cit vs Fenner (India) Ltd. on 22 January, 2007 cites

The Commissioner Of Income-Tax vs M/S. Janakiram Mills Ltd on 29 April, 2005

8. In the instant case also, the assessee had only replaced the auto coner and moulds without discontinuing their production activities and that there was no acquisition of any new asset, much less capital of any enduring advantage. A perusal of the orders of the authorities below shows that no claim for depreciation was ever made before any authorities either by the assessee or by the revenue to consider the question of block of assets nor was there any necessity to do so. Moreover, the department did not raise any objection before the Tribunal regarding the claim of allowance on the premise of the block of assets concept. Therefore, applying the law laid down by the decision cited supra, such question does not arise out of the order of the Appellate Tribunal for considering the same by this Court under Section 260A of the Act.
Madras High Court Cites 61 - Cited by 60 - P Sathasivam - Full Document

The Commissioner Of Income-Tax vs M/S. Wheels India Limited on 21 September, 2004

9. With regard to the issue raised in question No. 4, whether the excise duty and sales tax collection are not includible in the turnover while cal culating the deduction under Section 80HHC, this Court in CIT v. Wheels India Ltd. and CIT v. Sundaram Fasteners Ltd. , which were followed by this Court in CIT v. India Pistons Ltd. , referred to supra, held that it is highly impossible to accept the contention that the term "turnover" would include the excise duty and sales tax components which are all indirect taxes and which the assessee has to collect and pay over to the Government and such statutory dues will not have any element of profit of business and therefore, the sales tax and excise duty are not to be included in the total turnover while computing the deduction under Section 80HHC.
Madras High Court Cites 11 - Cited by 20 - Full Document

Commissioner Of Income-Tax vs Sundaram Fasteners Ltd. on 19 February, 1996

9. With regard to the issue raised in question No. 4, whether the excise duty and sales tax collection are not includible in the turnover while cal culating the deduction under Section 80HHC, this Court in CIT v. Wheels India Ltd. and CIT v. Sundaram Fasteners Ltd. , which were followed by this Court in CIT v. India Pistons Ltd. , referred to supra, held that it is highly impossible to accept the contention that the term "turnover" would include the excise duty and sales tax components which are all indirect taxes and which the assessee has to collect and pay over to the Government and such statutory dues will not have any element of profit of business and therefore, the sales tax and excise duty are not to be included in the total turnover while computing the deduction under Section 80HHC.
Madras High Court Cites 13 - Cited by 14 - Full Document
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