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TMI Blog2018 (11) TMI 1554X X X X Extracts X X X X X X X X Extracts X X X X ..... hs from the date of receipt of copy of this judgment. No costs. - Tax Case (Appeal) No.1538 of 2008 - - - Dated:- 23-10-2018 - Mr. Justice T.S. Sivagnanam And Mrs. Justice V. Bhavani Subbaroyan For the Appellant : Mr.R.Venkatanarayanan for M/s.Subbaraja Aiyar Padmanabhan and Ramamani For the Respondent : Mr.Karthik Ranganathan JUDGMENT T.S.SIVAGNANAM, J. This appeal by the assessee is directed against the order passed by the Income Tax Appellate Tribunal, Madras A Bench (the 'Tribunal' for brevity), in ITA No.720/Mds/2007, for the assessment year 2003-04. 2.The Appeal has been admitted, vide order dated 14.08.2008, on the following Substantial Question of Law: Whether on the facts and in the ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther words, the retrospective amendment should not be detrimental to any of the assessees. 7.As against the said judgment, the Revenue, filed Appeals before the Hon'ble Supreme Court and during the course of argument, the learned Attorney General of India accepted the legal position that those exporters whose turnover is less than ₹ 10 crores and other like the respondents(therein) with turnover of more than ₹ 10 crores would be at par and both would be entitled to the benefits. Accordingly, the Hon'ble Supreme 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to consider similar issue in two writ petitions filed by the assessee, one in W.P.No.13910 of 2008 wherein, the assessee sought for declaration to declare the amendment to Section 80HHC as ultra vires and in the other writ petition, viz., W.P.No.13909 of 2008, their challenge was to the assessment order. Following the decision in CIT v. Avani Exports (supra), both the writ petitions were allowed. 13.In the light of the above, the tax case appeal is allowed and the order passed 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 (supra) and proceed to g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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