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TMI Blog2018 (8) TMI 1262X X X X Extracts X X X X X X X X Extracts X X X X ..... sed by the Tribunal is set aside. Consequently, the order passed by the Commissioner of Income-tax (Appeals) is set aside and the matter is remanded to the Assessing Officer to apply the decision in the case of CIT v. Avani Exports (2015 (4) TMI 193 - SUPREME COURT) and proceed to grant proper deduction to the assessee under Section 80HHC of the Act. - Decided in favor of assessee. - Tax Case ( Appeal ) No. 1013 of 2008 - - - Dated:- 1-8-2018 - T. S. Sivagnanam And V. Bhavani Subbaroyan, JJ. For the Appellant : Mr.R.Kumar For the Respondent : Mr.D.Prabhu Mukunth Arunkumar, Standing Counsel ORDER [ Delivered by T. S. Sivagnanam, J. ] Heard Mr.R.Kumar, learned counsel for the appellant and Mr.D.Prabhu Mukunth Arunkuma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aim according to Section 80HHC of the Act. The amendment also carved out two categories of exporters, viz., those whose export is less than ₹ 10 crores per year and those exporters, whose exports turnover is more than ₹ 10 crores per annum. Insofar as entitlement of these benefits to the exporter having turnover of more than ₹ 10 crores per annum is concerned, two conditions were stipulated in the third and fourth proviso, which were required to be satisfied for claiming benefits. The two conditions being, (i) the assessee had an option to choose either Duty Drawback or Duty Entitlement Pass Book Scheme, being the Duty Remission Scheme; and (ii) 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 ..... me Court substituted the direction issued by the High Court with the following direction:- Having seen the twin conditions and since 80HHC benefit is not available after 1.4.05, we are satisfied that cases of exporters having a turnover below and those above 10 cr. should be treated similarly. This order is in substitution of the judgment in Appeal. The decision in the said case has been reported in CIT v. Avani Exports [(2015) 58 taxmann.com 100 (SC)]. 8.In our considered view, the decision in the case of CIT v. Avani Exports (supra) would squarely apply to the facts of this case and the Tribunal committed an error in applying the decision in Sterling Foods (supra). 9.Mr.R.Kumar, learned counsel for the assessee submitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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