High Court held that Taxation Laws (Second Amendment) Act, 2005 which had introduced section 80HHC(3) and certain provisos to section 80HHC(3) with retrospective effect from 1-4-1992 would grant benefit to said assessee’s with retrospective effect. On appeal, Court held that in CIT v. Avani Exports [2015] 232 Taxman 357 (SC), Supreme Court had accepted that section 80HHC as amended by Taxation Laws (Second Amendment) Act, 2005 is prospective in operation and it would apply to both categories of exporters having turnover below Rs. 10 crores and above Rs. 10 crores. Order of High Court is set aside. (AY. 1999-2000, 2000-01)
Johnson G. Ommen v. CIT (Central) (2023) 459 ITR 150 /295 Taxman 221 / 334 CTR 753(SC) Editorial : CIT (Central) v. Johnson G. Ommen (2023) 459 ITR 147/I154 taxmann.com 497 (Ker)(HC), reversed.
S. 154 : Rectification of mistake-Mistake apparent from the record Export business-Turnover-Section 80HHC as amended by Taxation Laws (Second Amendment) Act, 2005 is prospective in operation and it would apply to both categories of exporters having turnover below Rs. 10 crores and above Rs. 10 crores-Order of High Court is set aside. [S.80HHC(3)]