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TMI Blog2002 (1) TMI 263X X X X Extracts X X X X X X X X Extracts X X X X ..... as sold goods to an export house namely, Metro Exporters (P) Ltd. for a sum of Rs. 69,15,250 and the said export house has exported the same out of India for a sum of Rs. 54,89,188. The export house did not claim the deduction under s. 80HHC and has given a certificate to the assessee in this regard as required under s. 80HHC. The assessee claimed deduction as supporting manufacturer on the profit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uest of counsel of the assessee when the adjournment was sought for on that date and the date was duly noted by Shri Deepak Kumar on behalf of counsel of the assessee. We, therefore, decided to dispose of this appeal on merit after hearing the learned Departmental Representative. 5. Learned Departmental Representative relied on the order of AO and contended that the CIT(A) has not correctly app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wn as under: "(3A) For the purposes of sub-s. (1A) profits derived by a supporting manufacturer from the sale of goods or merchandise shall be— (a) in a case where the business carried on by the supporting manufacturer consists exclusively of sale of goods or merchandise to one or more export houses or trading houses, the profits of the business, (b) in a case where the business carried o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trict the meaning of the word "turnover in respect of sale to the export house", the legislature would have defined under the Explanation to this section these words also when the word "export turnover" has been defined and its meaning has been restricted only to the sale profits received in or brought forward into India by the assessee in convertible foreign exchange. In the absence of restrictiv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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