Sales made through export houses- Deduction u/s 80HHC(3).

Last updated: 16 February 2008

Court :
SC

Brief :
In the instant case, the matter was to be remitted to the Assessing Officer for the following reasons. Firstly, in the instant case there was no factual finding recorded by the High Court as to whether the ‘sales made through the export houses by the assessee was supported by a disclaimer certificate from such export houses. Under the provisions of section 80HHC(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 was now required to be done in view of three subsequent judgments of Supreme Court namely CCE v. K. Ravindranathan Nair [2007] 295 ITR 228/165 Taxman 282; A.M. Moosa v. CIT [2007] 294 ITR 1/163 Taxman 741; and judgment of Special Bench of Delhi Tribunal in Lalsons Enterprises v. CIT [2004] 89 ITD 25.

Citation :
Janatha Cashew Exporting Co. v. Commissioner of Income-tax, Trivandrum* S.H. KAPADIA AND B. SUDERSHAN REDDY, JJ. CIVIL APPEAL NO. 6571 OF 2005 DECIDED ON 13-11- 2007.