TaxTMI 
TaxTMI 
2006 (2) TMI 123
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....er came on January 31, 2006, this court passed the following order: "Since the private notice is returned with an endorsement 'left', the appellant is permitted to take substituted service by publication in an English daily having Chennai edition mentioning the date of hearing as February 15, 2006. Post the matter on February 15, 2006." In spite of paper publication in the Indian Express on February 10, 2006, there was no representation on behalf of the respondent on February 15, 2006 and hence, we directed the Registry to print the name of the respondent and post these cases next week. Even today, there is no representation on behalf of the respondent. Hence, we are constrained to pass the following order after hearing learned senior st....
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....ct of profits retained for export business.-(1) Where an assessee, being an Indian company or a person (other than a company) resident in India, is engaged in the business of export out of India of any goods or merchandise to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction of the profits derived by the assessee from the export of such goods or merchandise. (2)(a) This section applies to all goods or merchandise, other than those specified in clause (b), if the sale proceeds of such goods or merchandise exported out of India are receivable by the assessee in convertible foreign exchange. (b) This section does no....
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....expression "the export of any goods or merchandise to which this section applies" employed in section 80HHC and by virtue of sub-section (2)(b)(ii), which specifically denied the benefit of the section to export of granite (mineral), the benefit under section 80HHC is not available to the assessee; that by the Amendment Act (No. 2) of 1991, an exception has been carved out to the specific provision which excluded, rather denied the benefit conferred under section 80HHC to export of minerals (granite); that the amendment brought by the Finance (No. 2) Act of 1991 to section 80HHC is only prospective and effective from April 1, 1991; and that the statutory provision is very clear in the sense that section 80HHC is not applicable to the export....
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....o the generic class. The 1991 amendment of section 80HHC thus conclusively demonstrates that the words 'minerals and ores' must be construed widely and in an unrestricted manner. As has been held in Municipal Committee v. Manilal Manekji P. Ltd., AIR 1967 SC 1201; [1967] 2 SCR 100 and Pappu Sweets and Biscuits v. Commr. of Trade Tax [1998] 7 SCC 228; [1998] 111 STC 425 (SC), subsequent legislation may be looked into to fix the proper interpretation to be put on the statutory provisions as it stood earlier. The benefit of section 80HHC has been extended by the amendment to a specific kind of mineral and was introduced for the first time in 1991. If we were to hold that the word 'minerals' in sub-section (2)(b) never included processed minera....