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2014 (8) TMI 32 - HC - Income TaxConstitutional validity of section 28 and 80HHC – Retrospective amendments – Held that:- The amendment is violative for its retrospective operation in order to overcome the decision of the Tribunal, and at the same time, for depriving the benefit earlier granted to a class of the assessees whose assessments were still pending although such benefit will be available to the assessees whose assessments have already been concluded - in this type of substantive amendment, retrospective operation can be given only if it is for the benefit of the assessee but not in a case where it affects even a fewer section of the assesses - Following the decision in Avani Exports & Ors. v. CIT [2012 (7) TMI 190 - GUJARAT HIGH COURT] – the amendment is set aside only to the extent that the operation of the section could be given effect from the date of amendment and not in respect of earlier AYs of the assessees whose export turnover is above ₹ 10 crore - the retrospective amendment should not be detrimental to any of the assessees - the amendment brought about by introducing the 2nd, 3rd and 4th proviso to Section 80 HHC (3) (c) is to operate only prospectively and not retrospectively - Decided in favour of Assessee.
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