9911796707
TMI Blog2007 (11) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee is a supporting manufacturer on his producing such disclaimer certificate the assessee would be entitled to claim the benefit - fresh computation is now required to be done - matter is remitted for fresh computation by the Assessing Officer - 6571 of 2005 - - - Dated:- 13-11-2007 - S.H. KAPADIA and B. SUDERSHAN REDDY JJ. C.N. Sreekumar and P.R. Nayak, Advocates, for the appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted deduction under Section 80 HHC (1) and 80 HHC (1A) in respect of direct and indirect exports in all amounting to Rs.91,10,306/- as against the claim of Rs.96,54,515/-. However, while granting deduction under the proviso to Section 80 HHC (3) the Assessing Officer excluded sales to export houses from export turn over and he re-worked the relief at Rs.12,63,532/-. 3. Aggrieved by the said o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble to the export house if such export house had issued a disclaimer certificate. Aggrieved by the said decision the Department moved the High Court by way of appeal under Section 260A of the Income Tax Act. The decision of the Tribunal was however set aside by the High Court which took the view that since Section 80 HHC (1) read with Section 80 HHC (3) provided for computation and deduction of pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtificate from such export houses. Under the provisions of Section 80 HHC (3) if the assessee is a supporting manufacturer on his producing such disclaimer certificate the assessee would be entitled to claim the benefit of deduction under the said Section. Secondly, fresh computation is now required to be done in view of three subsequent judgments, namely, the judgment of this Court in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
