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CIT. & Anr Versus M/s Avani Exports & Anr.

2015 (4) TMI 193 - SUPREME COURT

Amendment 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 Cour .....

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g a turnover below and those above 10 cr. Should be treated similarly. This order is in substitution of the judgment in Appeal. - Special Leave to Appeal (C) No(s). 9273/2013 & Others - Dated:- 30-3-2015 - A.K. Sikri And Rohinton Fali Nariman JJ. For the Appellant : Mr. Mukul Rohtagi,A.G. & Others For the Respondent : N. Ganpathy,Adv ORDER Amendment to Section 80HHC(3) of the Income Tax Act, 1961 (in short the Act') was made by the Taxation Laws (Second Amendment) Act, 2005 with retrospe .....

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more than ₹ 10 crores p.a. is concerned, two conditions contained in third and fourth proviso to the said amendment were to be satisfied for claiming the benefits. Those were: (a) he had an option to choose either the duty drawback or the Duty Entitlement Pass Book Scheme, being the Duty Remission Scheme; and (b) the rate of drawback credit attributable to the customs duty was higher than the rate of credit allowable under the Duty Entitlement Pass Book Scheme, being Duty Remission Scheme. .....

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vires which was to their advantage. What they wanted was that the benefit of amended provision be accorded, without insisting on the aforesaid conditions. The High Court vide impugned judgment has decided the issue in favour of the writ petitioners by concluding as under: "26. On consideration of the entire materials on record, we, therefore, find substance in the contention of the learned counsel for the petitioners that the impugned amendment is violative for its retrospective operation i .....

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