TMI Blog2014 (5) TMI 710X X X X Extracts X X X X X X X X Extracts X X X X ..... ign exchange may be received or brought into India by the assessee - the claim to Section 10B benefit was inaccurate – thus, the order of the Tribunal is upheld – Decided against Assessee. - ITA 1004/2011, ITA 44/2014, CM APPL.1949/2014, W.P. (C) 4590/2013, CM APPL.10531/2013, CM APPL.8098/2014 IN ITA 1219/2009 - - - Dated:- 8-5-2014 - S. Ravindra Bhat And Vibhu Bakhru,JJ. For the Petitioner : Mr. S. Krishnan, Advocate For the Respondent : Mr. N.P. Sahni, Sr. Standing Counsel with Mr. Nitin Gulati, Jr. Standing Counsel Mr. Kamal Sawhney, Sr. Standing Counsel ORDER Mr. Justice S. Ravindra Bhat (Open Court) 1. ITA 1004/2011 pertains to assessment year 2006-07, ITA 44/2014 pertains to the assessment year 2005-06 and W.P.(C) 4590/2013 challenges the orders made in rectification proceedings in respect of the same assessee/petitioners for the years 2004-05 and 2005-06. 2. All these proceedings pertain to common questions and issues, i.e., as to whether the penalty imposed by the Revenue by invoking the Section 271 (1) (c) was warranted in the circumstances of the case . 3. The uncontroverted facts are that the assessee/appellant had claimed for AY 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid order along with an application for condonation of delay. The appeal and the said application will be considered and decided on merits. The petitioner in the present writ petition has impugned the order dated 14th December, 2012 passed by the tribunal on application under Section 254(2) of the Income Tax Act, 1961. We have examined the order on merits and do not see any reason to interfere with the said order keeping in view the limited scope of rectification under Section 254(2) of the Act. To this extent, we are not inclined to entertain the present writ petition. Re-list the writ petition on 15th November, 2013. Copy of this order be given dasti to the learned counsel for the parties under signature of the Court Master. 6. At the outset, the Revenue urges that the belated appeals - ITA Nos.44/2014 and 1004/2011 ought to be dismissed at the threshold. It was argued that ITA 44/2014 is a deliberate and conscious attempt on the part of the assessee to open the issues that had become final and had been observed in the order of 28.10.2013. The Revenue also urges that given the circumstances of the case and the fact that the returns for the earliest assessment year 2004-05 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the deduction referred to in this sub-section only for the unexpired period of aforesaid ten consecutive assessment years : [Provided [further] that for the assessment year beginning on the 1st day of April, 2003, the deduction under this sub-section shall be ninety per cent of the profits and gains derived by an undertaking from the export of such articles or things or computer software:] Provided also that no deduction under this section shall be allowed to any undertaking for the assessment year beginning on the 1st day of April, [2012] and subsequent years : [Provided also that no deduction under this section shall be allowed to an assessee who does not furnish a return of his income on or before the due date specified under sub-section (1) of section 139.] (2) This section applies to any undertaking which fulfils all the following conditions, namely : (i) it manufactures or produces any articles or things or computer software; (ii) it is not formed by the splitting up, or the reconstruction, of a business already in existence : Provided that this condition shall not apply in respect of any undertaking which is formed as a result of the re-establishment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to the extent of profits, referred to in sub-section (1B),] derived by the assessee from the sale of goods or merchandise to the Export House or Trading House in respect of which the certificate has been issued by the Export House or Trading House.] 80HHC (2)(a) This section applies to all goods or merchandise, other than those specified in clause (b), if the sale proceeds of such goods or merchandise exported out of India are [received in, or brought into, India] by the assessee [(other than the supporting manufacturer)] in convertible foreign exchange [within a period of six months from the end of the previous year or, [within such further period as the competent authority may allow in this behalf] . 9. This Court is of the opinion that the assessee s submissions based upon the reading of the provisions of the exim policy are of no assistance. So long as the terms of the statute are clear and they do not allude to or refer to any external document or instrument or even other enactments, the admissibility of benefits in those external documents or enactments cannot automatically be used as aids of construction or read into the provisions of the controlling enactment, whic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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