TMI Blog2018 (8) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent-assessee would point out that the profit and loss accounts of both the export house and the assessee were produced before the Tribunal across the bar and only on examination of the same, the claim was allowed. We agree with the learned Senior Counsel that there is nothing in the Tribunal’s order to substantiate the findings of the Tribunal, factually, evidencing the profit made by the export house. The respondent-assessee submits that they also have a valid claim under Section 10A of the Act. - It has to be noticed that for the subject year, after the amendment to Section 10A, mere processing does not entitle a claim under Section 10A. But by the proviso added on amendment by substitution, the undertakings which were entitled unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her; called the supporting manufacturer. The assessee for the subject assessment year had profit of more than 3 crores in the export of self manufactured goods, which was claimed under Section 80HHC as a deduction. But the assessees export from trading goods suffered a loss of more than six crores. The assessee claimed that the assessee had issued disclaimer certificates to the supporting manufacturer, with respect to the entire turn over of trading goods. The Supreme Court found that the disclaimer of turnover as per the proviso to Section 80HHC (1) was to entitle the supporting manufacturer to avail the benefit under Section 80HHC(3A). To that extent the exporter would be dis-entitled to claim the deduction. The disclaimer cannot efface t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of both the export house and the assessee were produced before the Tribunal across the bar and only on examination of the same, the claim was allowed. We agree with the learned Senior Counsel that there is nothing in the Tribunal s order to substantiate the findings of the Tribunal, factually, evidencing the profit made by the export house. In such circumstances, we remand the matter for fresh consideration, to the Tribunal. The respondentassessee shall produce the profit and loss account of the exporter with an application before the Tribunal; which can very well be verified by the revenue also. The assesee shall also produce the disclaimer certificate issued by the export house. The Tribunal shall verify the documents and in the context ..... X X X X Extracts X X X X X X X X Extracts X X X X
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