2014 (7) TMI 1107

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... in granting benefit of section 80HHC of the Income-tax Act, 1961 (hereinafter referred to as "the Act") to the assessees without considering the amendments brought in by the Taxation Laws (Amendment) Act, 2005 by inserting second, third and fourth proviso to sub-section (3) with retrospective effect from April 1, 1998 and adding the fifth proviso to section 80HHC(3) with retrospective effect from April 1, 1992. 2. The appeals have been with the delay of fifty three days. The learned Departmental representative representing the Revenue has prayed for condonation of delay in filing of the appeals. The delay in filing of the appeals is condoned. The appeals are admitted to be heard on the merits. 3. The assessees had filed their returns....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... order to support his contentions, the learned Departmental representative relied on the judgment of the hon'ble Allahabad High Court in the case of Mentha and Allied Products Ltd. v. Union of India [2014] 363 ITR 504 (All). 5. None has appeared on behalf of the assessee despite service of notice. We have heard the submissions made by the learned Departmental representative and have also perused the orders of the authorities below as well as the judgment relied upon by the learned Departmental representative. In the case of Avani Exports v. CIT [2012] 348 ITR 391 (Guj), the hon'ble Gujarat High Court held as under (page 438) :               "26. On consideration ....