NON-REPORTABLE IN 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 Signature Not Verified WITH Digitally signed by Rajni Mukhi Date: 2016.02.19 CIVIL APPEAL NO.2531 OF 2013 16:30:42 IST Reason: 1 WITH CIVIL APPEAL NO.10916 OF 2013 J U D G M E N T KURIAN, J. 1. issue in these appeals pertains to question whether proceeds generated from sale of scrap would be included in total turnover. 2. In 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 sale of scrap would not be included in total turnover for purpose of deduction under Section 80HHC of Income Tax Act, 1961. 3. appeals are allowed in terms of judgment referred to above. .................J. [KURIAN JOSEPH] ....................J. [ROHINTON FALI NARIMAN] NEW DELHI; FEBRUARY 18, 2016 2 ITEM NO.107 COURT NO.9 SECTION IIIA S U P R E M E C O U R T O F I N D I RECORD OF PROCEEDINGS Civil Appeal No(s). 5759/2012 M/S JAGRAON EXPORTS Appellant(s) VERSUS C.I.T-I LUDHIANA Respondent(s) (with appl. for permission to file/replace/place on record corrected copies of Annexure P-1 to P-2 and P-5 to P-6 and disposal in terms of judgment and order rendered by this Hon'ble Court in C.A. NO. 5592/2008 and office report) WITH C.A. No. 5760/2012 (With Office Report) C.A. No. 5761/2012 (With Office Report) C.A. No. 5762/2012 (With Office Report) C.A. No. 5763/2012 (With Office Report) C.A. No. 5764/2012 (With Office Report) C.A. No. 5765/2012 (With Office Report) C.A. No. 5766-5771/2012 (With Office Report) C.A. No. 5772/2012 (With Office Report) C.A. No. 2531/2013 (With Office Report) C.A. No. 10916/2013 (With Interim Relief and Office Report) Date : 18/02/2016 These appeals were called on for hearing today. 3 - 2 - CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Appellant(s) Ms. Kaveeta Wadia, Adv. Mr. Rahul Gupta,Adv. Mr. Shashank Tripathi, Adv. Mr. Arna Das, Adv. Mr. Rameshwar Prasad Goyal,Adv. Mr. Ajay Vohra, Sr.Adv. Ms. Kavita Jha,Adv. Mr. K. Parmeshwar, Adv. Mrs. Anil Katiyar,Adv. For Respondent(s) Mr. G. Krishan Kumar, Sr. Adv. Mr. Arijit Prasad, Adv. Ms. Rekha Pandey, Adv. Mr. B. V. Balaram Das,Adv. Mr. K. Parmeshwar, Adv. Mrs. Anil Katiyar,Adv UPON hearing counsel Court made following O R D E R appeals are allowed in terms of signed non-reportable Judgment. All pending application(s) shall stand disposed of. (Rajni Mukhi) (Renu Diwan) Sr. P.A. Court Master (Signed non-reportable judgment is placed on file) 4 M/s Jagraon Exports v. C.I.T-I Ludhiana