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2017 (10) TMI 869 - HC - Income TaxDeduction under Section 80HHC - retrospective effect of amendment in section 80HHC - Sections 3 and 4 of Taxation Laws (Amendment) Act, 2005 - Held that: - The issue has been settled by the decision of the Honourable Supreme Court in the case of COMMISSIONER OF INCOME TAX AND ANOTHER V. AVANI EXPORTS & OTHERS [2015 (4) TMI 193 - SUPREME COURT], where it was held that Amendment of section 80HHC(3) made by insertion of certain conditions in the third and fourth provisos thereto with retrospective effect by Taxation Laws (Second Amendment) Act, 2005 is quashed; exporters having turnover below ₹ 10 crores and those having turnover above ₹ 10 crores should be treated similarly - petition allowed.
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