2013 (7) TMI 233

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....er,Adv. Mr. Rishi Maheshwari, Adv. Mr. Vikramaditya Bhasker, Adv. Mr. Abu John Mathew, Adv. For the Respondent : Mr. Gaurab Banerji, A.S.G. Mr. S.A. Haseeb, Adv. Ms. Tanushree Sinha, Adv. Mr. Sahil Tagotra, Adv. Mrs Anil Katiyar,Adv. ORDER Mr. Gourab Banerji, learned Additional Solicitor General for the Revenue, fairly submits that in view of the decision of this Court in Topman Exports V....

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....ill not be available to an assessee having an export turnover exceeding Rs.10 crores. In other words, where the export turnover of an assessee exceeds Rs.10 crores, he does not get the benefit of addition of ninety per cent of export incentive under clause (iiid) of Section 28 to his export profits, but he gets a higher figure of profits of the business, which ultimately results in computation of ....

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....in Explanation (baa) to Section 80HHC read with the words used in clauses (iiid) and (iiie) of Section 28, the assessee was entitled to a deduction under Section 80HHC on export profits, the benefit of such deduction cannot be denied to the assessee. The impugned judgment and orders of the Bombay High Court are accordingly set-aside. The appeals are allowed to the extent indicated in this judgment....