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TMI Blog2017 (10) TMI 869X X X X Extracts X X X X X X X X Extracts X X X X ..... OME TAX AND ANOTHER V. AVANI EXPORTS & OTHERS [2015 (4) TMI 193 - SUPREME COURT], where it was held that Amendment of section 80HHC(3) made by insertion of certain conditions in the third and fourth provisos thereto with retrospective effect by Taxation Laws (Second Amendment) Act, 2005 is quashed; exporters having turnover below ₹ 10 crores and those having turnover above ₹ 10 crores ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led by the decision of the Honourable Supreme Court in the case of COMMISSIONER OF INCOME TAX AND ANOTHER V. AVANI EXPORTS OTHERS reported in (2015) Volume 277 CTR 460. The operative portion of the judgment reads as follows: 3. The High Court vide impugned judgment has decided the issue in favour of the writ petitioners by concluding as under: 26. On consideration of the entire materi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven effect 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 assesses . 4. Against the High Court judgment, these SLPs are filed by the Union of India. Mr.Mukul Rohtagi, learned Attorney General for India submits that onc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the said provisos by the respondent has succeeded. However, to make the position crystal clear, we substitute the direction of the High Court with the following direction: Having seen the twin conditions and since s.80HHC benefit is not available after 1st April, 2005, we are satisfied that cases of exporters having a turnover below and those above 10 crore should be treated similarly. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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