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2019 (5) TMI 1263 - AT - Income TaxDisallowance of deduction u/s 80HHC - scope of amendment - claim the benefit of 3rd Proviso to 80HHC (3) without complying with any conditions laid down therein - HELD THAT:- 3rd and 4th proviso to Section 80HHC inserted by taxation law (Second Amendment Act, 2005) would not operate retrospectively, and period prior to the same and the cases of exporters having turnover below 10 crores and also the exporters with turnover above 10 crores should be treated similarly, and even the exporters with turnover exceeding 10 crores would be entitled to claim the benefit of 3rd Proviso to 80HHC (3) without complying with any conditions laid down therein. In the facts and circumstances involved in this matter, we have no hesitation to hold that this case is squarely covered by the decision of the Hon’ble Apex Court in the case of Avani Exports . [2015 (4) TMI 193 - SUPREME COURT] and, therefore, the deduction u/s 80HHC of the Act shall be calculated in accordance with this decision. Decision of the Hon’ble Apex Court is the law of the land and the authorities cannot refuse to follow the same, when once it is brought to their notice. 18. With this view of the matter, we find force in the submissions of the Ld. AR that the deduction u/s 80HHC has to be computed by giving benefit of the decisions of the Hon’ble Apex Court in the case of Avani Exports (Supra). The assessee to provide the working for such a re-computation before the Ld. A.O and the Ld. A.O will verify and extend the benefit of the decision of the Hon’ble Apex Court in thecae of Avani Export (Supra) to the case of the assessee.- Decided in favour of assessee.
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