2002 (8) TMI 71

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... only. The assessee's case was selected for scrutiny and notice under section 143(2) was issued. During the course of assessment, it is noticed that the assessee has claimed deduction under section 80HHC of the Act though the articles were sold in India against foreign currency. The Assessing Officer negatived the claim of deduction under section 80HHC. In appeal before the Commissioner of Income-tax (Appeals), the Commissioner of Income-tax (Appeals) followed his earlier order in the case of Anil Exports v. ITO (I.T.A. No. 1811/JP of 1992), and also considered the decision of the Allahabad High Court reported in Ram Babu and Sons v. Union of India [1996] 222 ITR 606 and allowed the claim of the assessee. The Tribunal has also allowed....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sales against credit card facility and when credit voucher was encashed in foreign currency and we found that there is a condition also which is printed on these sales slips at bottom which reads as under: 'Conditions: Articles purchased under this voucher are totally prohibited from being sold, gifted or otherwise disposed of within the territory of India to any person and there is also a printed block at the end of the conditions wherein it is printed that the purchase of the said goods is for occasioning export of those goods out of the territory of India and not for sale in India.' We also notice that there is a signature of buyer also on this sale voucher. This sale voucher indicates that the material sold is only for carrying wi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....wo conditions is not satisfied, it is an export out of India. The High Court, therefore, held that if the transaction involves clearance at customs, it will be an export out of India within the meaning of Explanation (aa). If we examine these provisions in the light of the written submissions made by the learned authorised representative before the Commissioner of Income-tax (Appeals) dated August 10, 1991, and the decision of this Bench cited supra, there can be only decision that would be in favour of the assessee. After examining all the facts and circumstances of the case, we follow our decision cited supra and allow this ground of the assessee for these assessment years." The Tribunal considered the requirement for deduction under s....