M/S JAGRAON EXPORTS Vs. C.I.T-I LUDHIANA

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 5759 of 2012, Judgment Date: Feb 18, 2016

                                                          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