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TMI Blog1975 (12) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... eligible for the relief under the aforesaid clause. The Income-tax Officer did not allow the rebate so claimed on the ground that the industry was not listed under the Industries (Development and Regulation) Act, 1951. On appeal, the Appellate Assistant Commissioner considered that this case could be described as " plastic industry " coming under entry 19(4) of the First Schedule to the Industries (Development and Regulation) Act. He, therefore, held that the rebate was admissible, He pointed out that the sales made by the assessee to exporters amounted to particular figures in the two years and after verifying the reported figures of sale he directed the Income-tax Officer to allow the proper rebate. The revenue filed appeal to the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of such profits and gains included in the total income. It may be seen that this provision is applicable to the exporter as such that is whether he himself manufactured the goods and then exported them or he merely purchased and exported them. Clause (ii) of section 2(5)(a) provided that where an assessee whole total income included any profits and gains derived from the export of any goods out of India, was engaged in the manufacture of any articles in any industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951, and if he had exported after a particular date such articles out of India he would be entitled, in addition to the deduction of tax referred to in sub-clause (i), to a further deduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a), with which alone we are concerned, requires two conditions to be satisfied, namely, that the assessee engaged in the manufacture of specified articles should have sold the said articles to any other person in India and that such person should have himself exported them out of India. It is pointed out that the export must be of the identical goods and where the export is not of the said goods as such the benefit of clause (iii) of section 2(5)(a) is not applicable. The point sought to be made is that this clause would have application only to those cases where the export of the relevant articles is made in the same form and as such to foreign countries. We consider that the assessee in this case would be eligible for the relevant claim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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