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2019 (5) TMI 116 - HC - Income TaxBenefit of deduction in respect of export business u/s 80 HHC - writ Appeals revolve around deduction u/s 80 HHC, particularly against the proviso inserted in Section 80HHC by the Taxation Law (Amendment Act, 2005) with retrospective effect on 01.04.1998 - HELD THAT:- In CIT. & ANR VERSUS M/S AVANI EXPORTS & ANR. [2015 (4) TMI 193 - SUPREME COURT] in essence the High Court [2012 (7) TMI 190 - GUJARAT HIGH COURT] has quashed the severable part of third and fourth proviso to Section 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 crores should be treated similarly. This order is in substitution of the judgment in appeal. In view of the aforesaid decision of the Supreme Court, the present controversy is no longer res intergra and therefore, the present Writ Appeals filed by the Union of India – Income Tax Department, also deserves to be disposed of on same terms.
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