2014 (7) TMI 1107

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..... ARAT HIGH COURT]. - 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 Assessing Officer. The Assessing Officer shall recompute deduction in the light of decision rendered in the case of Avani Exports v. CIT [2012 (7) TMI 190 - GUJARAT HIGH COURT]. - Decided partly in favour of Revenue.
Dr. O.K. NARAYANAN & SHRI VIKAS AWASTHY, JJ. For the Appellant : 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 ( .....

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..... or the respective assessment years, the assessees preferred appeals before the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals), following the decision of the hon'ble Gujarat High Court in the case of Avani Exports v. CIT [2012] 348 ITR 391 (Guj) allowed the appeals of the assessees. Now, the Revenue has come in appeal before the Tribunal assailing the order of the Commissioner of Income-tax (Appeals). 4. Shri N. Madhavan, appearing on behalf of the Department submitted that the assessee is not eligible for claiming deduction under section 80HHC in view of the amendment brought in by the Taxation Laws (Amendment) Act, 2005. The said amendment is operative with retrospective effect from April 1, 1992/April .....

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..... e given effect from the date of amendment and not in respect of the earlier assessment years of the assessees whose export turnover is above ₹ 10 crores. In other words, the retrospective amendment should not be detrimental to any of the assessees." On the other hand, in the case of Mentha and Allied Products Ltd. v. Union of India [2014] 363 ITR 504 (All), the hon'ble Allahabad High Court has upheld the retrospective applicability of the amendment brought in by the Taxation Laws (Amendment) Act, 2005. 6. The hon'ble Supreme Court of India in the case of CIT v. Vegetables Products Ltd. [1973] 88 ITR 192 (SC) has held that where two views are available, the view in favour of the assessee has to be taken. We accordingly, .....

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