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TMI Blog2014 (7) TMI 1107X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant : Shri N. Madhavan, JCIT ORDER Vikas Awasthy (Judicial Member).- The appeals have been filed by the Revenue in the case of two assessees for the four assessment years (AYs) 1998-99 to 2001-02. In all the eight appeals, the Revenue has assailed the findings of the Commissioner of Income-tax (Appeals) in granting benefit of section 80HHC of the Income-tax Act, 1961 (hereinafter referred t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssees, for the assessment year under consideration, the assessments were completed accepting the claim of deduction under section 80HHC. Thereafter, the Assessing Officer issued notice under section 154 of the Act and rectified the assessment order by disallowing the deduction under section 80HHC claimed by the assessees. The Assessing Officer held that since the export turnover of the assessees i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t brought in by the Taxation Laws (Amendment) Act, 2005. The said amendment is operative with retrospective effect from April 1, 1992/April 1, 1998. In order to support his contentions, the learned Departmental representative relied on the judgment of the hon'ble Allahabad High Court in the case of Mentha and Allied Products Ltd. v. Union of India [2014] 363 ITR 504 (All). 5. None has appeare ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ier granted to a class of the assessees whose assessments were still pending although such benefit will be available to the assessees whose assessments have already been concluded. In other words, in this type of substantive amendment, retrospective operation can be given only if it is for the benefit of the assessees but not in a case where in affects even a fewer section of the assessees. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (SC) has held that where two views are available, the view in favour of the assessee has to be taken. We accordingly, following the view taken by the hon'ble Gujarat High Court in the case of Avani Exports v. CIT [2012] 348 ITR 391 (Guj). 7. As regards computation of the quantum of deduction available to the assessee under section 80HHC, we deem it necessary to remit the files back to the As ..... X X X X Extracts X X X X X X X X Extracts X X X X
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