1986 (12) TMI 97

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..... HC of the Income-tax Act, 1961 (' the Act ') in respect of supplies made by the assessee to the ONGC and Oil India Ltd. The plea of the assessee before us was that the Ministry of Commerce vide its Circular No. 1(15)/83-EAC dated 5-9-1983 has considered the supplies that are made to the ONGC and Oil India Ltd. are deemed exports and all the benefits such as cash subsidy, import replenishment as ar .....

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..... led to relief under the section. The department placed reliance in the orders of the authorities below. 2. We have given careful consideration to the arguments of both the parties. As per the provisions contained in section 80HHC the relief is to be provided to any person who is a resident and exports goods, merchandise, etc. out of India. It also provides that the action would apply if the sale .....

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..... e with the foreigners so as to act as import substitution. Unless that particular notification is adopted by the CBDT as the notification so specified in sub-section 2(b) of section 80HHC, we are afraid the claim of the assessee cannot be accepted. If it was an intention to treat these as deemed exports even for the Act, a notification to that effect would have been issued in the absence of which .....

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