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TMI Blog2023 (9) TMI 1045X X X X Extracts X X X X X X X X Extracts X X X X ..... C(3) by the Taxation Laws (Amendment) Act, 2005 with retrospective effect from 01.04.1992 and the fact that the assessments pertained to the years 1999-2000 and 2000-2001, although the assessments and reassessments were completed, held that the power of rectification under Section 154 of the Act was rightly exercised by the Assessing Officer. Therefore, the appeals filed by the Revenue were allowed and consequently the matter(s) were remanded to the Tribunal for reconsideration of the appeals on other grounds. HELD THAT:- This Court in Avani Exports and Anr. [ 2015 (4) TMI 193 - SUPREME COURT] held essence the High Court has quashed the severable part of third and fourth proviso to Section 80-HHC(3) and it becomes clear therefrom that c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we find that the direction for remand after the judgment of this Court in the aforecited case would be otiose and wholly unnecessary. In fact, the issue having been settled, the remand has become redundant. In the circumstances, we set aside the impugned order(s) of the High Court. The appeals are, accordingly, allowed. - HON'BLE MRS. JUSTICE B.V. NAGARATHNA And HON'BLE MR. JUSTICE UJJAL BHUYAN For the Appellant : Mr. R. N. Keswani, AOR Mr. Sanjay Kunur, Adv. Mr. Ravi Raghunath Vachher, Adv. Mr. Ramesh N. Keswani, Adv. For the Respondent : Mr. Raj Bahadur Yadav, AOR Mr. N. Venkataraman, A.S.G. Mr. Rupesh Kumar, Adv. Mr. Akshit Pradhan, Adv. Mrs. Rekha Pandey, Adv. Mr. Shreeyash U. Lalit, Adv. ORDER Being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e twin conditions and since Section 80-HHC benefit is not available after 01.04.2005, we are satisfied that cases of exporters having a turnover below and those above Rs.10 crores should be treated similarly. This order is in substitution of the judgment in appeal. Having regard to the aforesaid judgment, the learned counsel for the respective parties submitted that these appeals could accordingly be disposed of. In the circumstances, we have considered the factual matrix of these appeals. The question that fell for consideration before the High Court was, whether, the Revenue was justified in holding that the retrospective amendment to Section 80-HHC(3) of the Act entitled the Assessing Officer to invoke the powers of rectificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion to choose either the duty drawback or the Duty Entitlement Pass Book Scheme, being the Duty Remission Scheme; and (b) the rate of drawback credit attributable to the customs duty was higher than he rate of credit allowable under the Duty Entitlement Pass Book Scheme, being Duty Remission Scheme. The High Court while considering the amendment to Section 80- HHC(3) by the Taxation Laws (Amendment) Act, 2005 with retrospective effect from 01.04.1992 and the fact that the assessments pertained to the years 1999-2000 and 2000-2001, although the assessments and reassessments were completed, held that the power of rectification under Section 154 of the Act was rightly exercised by the Assessing Officer. Therefore, the appeals file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 30-3-2015 in CIT v. Avani Exports making it clear that it applied to both categories. In terms of the said order, these appeals are also disposed of. Order dated 30-3-2015, as mentioned above, shall form part of this judgment. Having regard to the fact that this Court accepted the judgment of the High Court impugned therein except to the aforesaid extracted portion wherein this Court stated that the twin conditions under Section 80-HHC(3) which have been quashed by the High Court would apply to both categories of exporters having a turnover above Rs.10 crores and those having a turnover below Rs.10 crores and sustaining the impugned judgment of the High Court in all other respects, we find that the direction for remand after the judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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