2015 (7) TMI 489 - SCH - Income Tax

Amendment to Section 80HHC(3) - Held that - As relying on - In essence the High Court has quashed the severable part of third and fourth proviso to Sec.80HHC (3) and it becomes clear therefrom that challenge which was laid to the conditions contained in the said provisos by the respondent has succeeded. However, to make the position crystal clear, we substitute the direction of the High Court with the following direction Having seen the twin conditions and since 80HHC benefit is not available after 1.4.05, we are satisfied that cases of exporters having a turnover below and those above 10 cr. Should be treated similarly. This order is in substitution of the judgment in Appeal. Also see CIT. & Anr Versus M/s Avani Exports & Anr 2015 (4) TMI 193 - SUPREME COURT

Summary

The Supreme Court disposed of a Special Leave Petition by condoning the delay in filing it. The court referred to a previous order in a similar case and provided a direction regarding the conditions under Sec. 80HHC. The court stated that exporters with turnover below and above 10 cr. should be treated similarly regarding benefit availability after 1.4.05.