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Issues involved:
The issues involved in the judgment are the challenge to the order of the Income-tax Appellate Tribunal regarding the disallowance of deductions under section 80HHC of the Income-tax Act, 1961 for counter sales claimed by the assessee, and the interpretation of Explanation (aa) to section 80HHC regarding what constitutes "export out of India." Assessment Year 1996-97: The assessee, a registered firm engaged in manufacturing and exporting precious stones, handicrafts, and jewelry, filed its return for the assessment year 1996-97 declaring income and claiming deductions under section 80HHC. The Assessing Officer disallowed the deduction claimed on counter sales, assessing the total income differently. The Commissioner of Income-tax (Appeals) upheld the disallowance, stating that counter sales did not qualify for relief under section 80HHC. The Income-tax Appellate Tribunal allowed the assessee's appeal, directing the Assessing Officer to treat counter sales as sales eligible for deductions under section 80HHC. Interpretation of Explanation (aa) to section 80HHC: Explanation (aa) stipulates that certain transactions shall not be considered as "export out of India." The Income-tax Appellate Tribunal relied on decisions from the Allahabad High Court and the Income-tax Appellate Tribunal Bench at Jaipur to interpret this provision. The Allahabad High Court held that for a transaction to not be considered an export out of India, it must meet specific conditions related to the location of the transaction and customs clearance. Judicial Precedents and Interpretation: The judgment referenced cases such as Ram Babu and Sons v. Union of India and Anil Exports Jaipur v. ITO to support the interpretation of Explanation (aa). The Allahabad High Court's decision emphasized that the involvement of customs clearance is crucial in determining whether a transaction qualifies as an export out of India. The Supreme Court rejected a special leave petition related to the Ram Babu and Sons case. Application of Legal Principles: In a separate case, CIT v. Silver and Art Palace, a similar issue arose where the Commissioner of Income-tax modified an assessment order to withdraw a deduction claimed under section 80HHC. The Income-tax Appellate Tribunal's decision to allow the deduction was upheld, emphasizing the importance of customs clearance in determining export transactions. The High Court concluded that the Tribunal's decision was correct based on the facts of the case. Conclusion: The High Court dismissed the income-tax appeal challenging the Income-tax Appellate Tribunal's order, stating that the Tribunal did not err in extending the benefit of deductions under section 80HHC to the assessee for counter sales to foreigners. The Court found no merit in the Revenue's arguments and upheld the Tribunal's decision, emphasizing the significance of customs clearance in determining export transactions. The appeal was dismissed with no order as to costs.
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