TaxTMI 
TaxTMI 
2002 (1) TMI 263
X X X X Extracts X X X X
X X X X Extracts X X X X
....acts of the case are that the assessee is a supporting manufacturer and the assessee has sold goods to an export house namely, Metro Exporters (P) Ltd. for a sum of Rs. 69,15,250 and the said export house has exported the same out of India for a sum of Rs. 54,89,188. The export house did not claim the deduction under s. 80HHC and has given a certificate to the assessee in this regard as required u....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ce of notice for 3rd Dec., 2002, and the case was fixed for 6th Jan., 2002, at the request of counsel of the assessee when the adjournment was sought for on that date and the date was duly noted by Shri Deepak Kumar on behalf of counsel of the assessee. We, therefore, decided to dispose of this appeal on merit after hearing the learned Departmental Representative. 5. Learned Departmental Repres....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the quantum of the profit as may be eligible under s. 80HHC(1A). This section lays down as under: "(3A) For the purposes of sub-s. (1A) profits derived by a supporting manufacturer from the sale of goods or merchandise shall be— (a) in a case where the business carried on by the supporting manufacturer consists exclusively of sale of goods or merchandise to one or more export houses or tr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sessee in convertible foreign exchange. Had the intention of the legislature been to restrict the meaning of the word "turnover in respect of sale to the export house", the legislature would have defined under the Explanation to this section these words also when the word "export turnover" has been defined and its meaning has been restricted only to the sale profits received in or brought forward ....