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of <h1>Supreme Court ensures equal treatment for all exporters under Income Tax Act, quashing turnover-based conditions.</h1> <h3>CIT. & Anr Versus M/s Avani Exports & Anr.</h3> CIT. & Anr Versus M/s Avani Exports & Anr. - TMI Issues:Amendment to Section 80HHC(3) of the Income Tax Act, 1961 with retrospective effect and conditions imposed on exporters with turnover above Rs. 10 crores per annum.Analysis:The judgment deals with the retrospective amendment to Section 80HHC(3) of the Income Tax Act, 1961, which extended benefits to exporters but imposed conditions on those with turnover exceeding Rs. 10 crores per year. The exporters challenged the conditions, arguing they should be declared ultra vires and severed. The High Court ruled in favor of the exporters, stating that the retrospective operation of the amendment could only be beneficial to the assessee and not detrimental to any of them. The High Court quashed the impugned amendment to the extent that it affected exporters with turnover above Rs. 10 crores, ensuring that the retrospective amendment should not be detrimental to any assessee.The Union of India filed Special Leave Petitions (SLPs) against the High Court judgment, arguing that the conditions should have been severed instead of being made prospective only. The Attorney General accepted that exporters with turnover above and below Rs. 10 crores should be treated equally under the law. The Supreme Court found that the High Court had effectively quashed the conditions imposed on exporters with turnover above Rs. 10 crores. To clarify the position, the Supreme Court substituted the High Court's direction, stating that exporters with turnover below and above Rs. 10 crores should be treated similarly. Consequently, all the SLPs, including those filed by the assessees against the judgment of the High Court, were disposed of with this clarification.
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