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TMI Blog2005 (2) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... 0HHC of the Income-tax Act. The other question pertains to the confirmation of disallowance of the assessee's claim for deduction under section 80-I of the Act for the two assessment years 1996-97 and 1997-98. We have heard Sri Kochunni Nair, counsel appearing for the assessee, and Sri P. K.R. Menon, senior counsel appearing for the Income-tax Department. The first question pertains to disallowance of exemption under section 80HHC of the Act. All the three authorities below found against the assessee holding that the assessee which has exported goods through Export Houses is not entitled to exemption under section 80HHC(1A) of the Act for the years 1992-93 and 1997-98 as no disclaimer certificate was produced from the Export Houses in Form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses provided for transfer of goods on board the vessel after the vessel crossed the customs frontier and so much so, according to him, the assessee's sales are direct export sales in respect of which the assessee is entitled to exemption under section 80HHC(1) of the Act, without the requirement of disclaimer certificate from the exporter. We are unable to accept this contention of the assessee because the assessee himself has conceded that the exports to the foreign buyers was through Export Houses and the shipping documents clearly indicate that the goods are shipped by the assessee on account of the Export Houses. There is and there can be only one export from the Indian exporter to the foreign buyer and that export is done by the Export ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is conceded that the petitioner has not produced disclaimer certificate under section 80HHC(4A) from the Export Houses for two years for claiming exemption under section 80HHC(1A) of the Act and for the other year, the certificate produced was hopelessly time barred and the Assessing Officer declined to accept it. The scheme of section 80HHC is to provide exemption on export profits to promote exports. The foreign exchange earner in respect of exports is the eligible person to get the benefit. However, the provision is made for the Export Houses which are not engaged in manufacture and export of goods to issue disclaimer certificate so that the supporting manufacturer of the exported goods who otherwise is ineligible for the exemption gets ..... X X X X Extracts X X X X X X X X Extracts X X X X
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