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2015 (4) TMI 193 - SC - Income TaxAmendment to Section 80HHC(3) - High court quash the impugned amendment only to this extent that the operation of the said section could be given effect from the date of amendment (retrospectively) and not in respect of earlier assessment years of the assessees whose export turnover is above ₹ 10 crore - respondents [exporters, belong to the second category] challenging conditions mentioned in third and fourth proviso to Section 80 HHC(3) - Held that:- We find that in essence the High Court has quashed the severable part of third and fourth proviso to Sec.80HHC (3) and it becomes clear therefrom that challenge which was laid to the conditions contained in the said provisos by the respondent has succeeded. However, to make the position crystal clear, we substitute the direction of the High Court with the following direction: "Having seen the twin conditions and since 80HHC benefit is not available after 1.4.05, we are satisfied that cases of exporters having a turnover below and those above 10 cr. Should be treated similarly. This order is in substitution of the judgment in Appeal.
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