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TMI Blog2014 (9) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal has not considered their contention that Zinc Oxide is a mineral and therefore in terms of Sub-Section (2) to Section 80HHC of the Act, the export proceeds were not eligible – thus, the matter is to be remitted back to the Tribunal for consideration of the issue that whether the exported goods were a “mineral” and therefore, not eligible for deduction in view of Section 80HHC (2)(b)(ii) of the Act – Decided in favour of revenue. - ITA 161/2002 - - - Dated:- 9-9-2014 - Sanjiv Khanna And V. Kameswar Rao,JJ. For the Appellant : Mr. N. P. Sahni, Sr.Standing Counsel with Mr. Nitin Gulati, Advocate For the Respondent : None ORDER Sanjiv Khanna, J (Oral) 1. By order dated 18.03.2003, the following substantial que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grieved by the order of the CIT(A), Revenue preferred an appeal before the Tribunal. On the question whether export was made to Nepal or through Nepal, the findings of the Tribunal are recorded in paragraphs 3 and 4, which, for the sake of convenience, are reproduced below: 3. Ground No. 1 relates to the alleged error of the CIT(A) in directing the assessing officer to allow deduction under section 80HHC of the Act on the alleged export of zinc oxide. It has been argued by the learned DR that the finding of the learned CIT(A) that the above goods were routed through Nepal on instruction from Hongkong party over looking the fact that basic evidence of custom authorities of Indian Government, Nepal Government and Hongkong has not been fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een allowed under Section 80HHC for the same zinc oxide export via Nepal against which the revenue has not gone in appeal. Hence this appeal does not survive on the same facts, circumstances and law. The learned AR of the assessee has also argued that zinc oxide is chemical and not a mineral and all export have been made to hard currency area. It has been further argued by the learned AR that the assessee has complied with all the terms and conditions of dispatch of the goods. They have also got the confirmation from Hongkong regarding receipt of goods. They have also furnished incorporation/Registration Certificate of their buyer in support of the existence before the CIT(A). Details of export sales have been given by the assessee on page ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ircular is not applicable on the facts and circumstances of the case against the assessee. All the documents and certified copies have been filed by the assessee. Hence, we do not find any justification to interfere with the order of the learned CIT(A) which deserves to be confirmed and the same is confirmed. Thus both the grounds of appeal are disposed of accordingly . 7. A reading of the aforesaid finding would indicate that the export was in fact made to a Hong Kong party whose name and details stand mentioned. The export proceeds were specified in U.S. Dollars. The Bank Realisation Certificate was filed and upon receipt converted into Indian Rupees. 8. The paper-book referred to in the order of the Tribunal has not been filed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uded in the 12th Schedule. Senior Standing Counsel has filed before us articles and extracts from books and internet to submit that Zinc Oxide widely considered to be a mineral in its purist form, yet to be thoroughly accurate, it is an inorganic chemical compound with varying chemical properties depending upon the application or use. Zinc Oxide, it is opined could never and cannot be used directly in the extracted form as a raw mineral and must undergo some synthetic chemical process to purify and alter its mineral structure. This compound in particular in crystallized form is primarily used in mineral make up and products of like nature. It is a sun blocker. 10. The order of the Tribunal, on the said issue and question is silent and do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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