9911796707
TMI Blog1998 (7) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... nt years 1985-86 and 1986-87. The reference applications under section 256(1) of the Income-tax Act, 1961, were filed by the Commissioner of Income-tax seeking reference of three common questions arising out of the consolidated order of the Tribunal for the above two years. The Tribunal was of the opinion that "as the main issue involved is whether the assessee is entitled to get the benefit under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the question referred for opinion the other two original petitions will not be pressed. The Tribunal itself held that the main issue involved is whether the assessee is entitled to get the benefit under section 80HHC on the exports made through export houses. Therefore, the words "its goods" can be omitted from the question referred for our opinion. Counsel for the assessee has raised no objection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing manufacturers/processors for getting the benefit of the section and under the Board's Circular No. 466, dated August 14, 1986, the benefit was given to the supporting manufacturers also provided they produced a disclaimer certificate from export houses. In this case, admittedly, there was no export contract between the assessee, a processor of fish products, and the foreign buyer. The contra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 91 of 1991 and 5 of 1992 dated June 25, 1998) is applicable to this case also. In the above case it was held as follows : "Considering the entire facts and circumstances of the case we are of the view that the ratio of the decision of the Supreme Court in Mineral and Metal Trading Corporation v. R. C. Mishra [1993] 201 ITR 851 referred to earlier applies in this case and the assessees are not en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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