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TMI Blog2015 (7) TMI 808X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.00 crores should be treated similarly and the amendment to Section 80HHC(3) is effective prospectively. We find that the case of the respondent/assessee falls within the parameters of the above-said decision of the Gujarat High Court, affirmed by the Supreme Court. Hence, following the above-said decision of the Gujarat High Court, affirmed by the Supreme Court, we do not find any reason to entertain these appeals. - Decided in favour of assessee. - Tax Case (Appeal) Nos. 298 and 299 of 2015 - - - Dated:- 7-7-2015 - R. Sudhakar And K. B. K. Vasuki,JJ. For the Appellant : Mr. T. Ravikumar Standing Counsel for Income Tax JUDGMENT (Judgment of the Court was delivered by R. Sudhakar,J.) The above Tax Case (Appeals) are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred appeals before the Commissioner of Income Tax (Appeals), who by following the decision of the Gujarat High Court in the case of Avani Exports Others V. CIT reported in 348 ITR 391 (Guj.), allowed the appeals by directing the Assessing Officer to recompute the deduction. As against the said order of the Commissioner of Income Tax (Appeals), the Revenue preferred appeals before the Income Tax Appellate Tribunal. The Tribunal, following the said decision of the Gujarat High Court, which was relied on by the Commissioner of Income Tax (Appeals), partly allowed the appeal holding as follows: We have heard the submissions made by the representatives of both the sides and have perused the orders of the authorities below. We find that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which mandates satisfaction of two conditions by the assessees whose export turnover is more than ₹ 10.00 crores to claim the benefit under Section 80HHC of the Income Tax Act. This amendment classified the exporters into two categories, i.e., whose export is less than ₹ 10.00 crores and more than ₹ 10.00 crores. The assessee, whose export is more than ₹ 10.00 crores has to satisfy the twin conditions imposed in the third and fourth proviso to Section 80HHC(3) of the Income Tax Act. The twin conditions were: (a) he had an option to choose either the duty drawback or the Duty Entitlement Pass Book Scheme, being the Duty Remission Scheme; and (b) the rate of drawback credit attributable to the customs duty was higher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t from the date of amendment and not in respect of earlier assessment years of the assessees whose export turnover is above ₹ 10 crore. In other words, the retrospective amendment should not be detrimental to any of the assessees. 8. The Revenue challenged the above-said decision of the Gujarat High Court before the Supreme Court and the Supreme Court in the case of Commissioner of Income Tax V. Avani Exports reported in [2015] 58 taxmann.com 100 (SC), while upholding the decision of the Gujarat High Court clarified and held as follows: 5. We find that in essence the High Court has quashed the severable part of third and fourth proviso to Sec.80HHC(3) and it becomes clear therefrom that challenge which was laid to the conditio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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