2018 (3) TMI 899

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....urges only the following question of law for our consideration : "Whether on the facts and circumstances of the case and in law, the Tribunal was justified in holding that the assessee has fulfilled the condition laid down in Rule 6DD ignoring the fact that the conditions spelled out in CBDT Circular No.8 of 2006 is not fulfilled by the assessee?   3. The respondent assessee is a partnership firm engaged in the business of exporting frozen buffalo meat and veal meat to countries like Oman, Kuwait and Vietnam etc. The respondent assessee purchases raw meat from various farmers and after processing and packaging in cartoons, exports the same. The respondent had in the course of its above activity, made its purchases of meat in cash....

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....f the above Rules. This was particularly so as the impugned order of the Tribunal holds that neither the Act nor the Rules provides that the benefit of Rule 6DD of the Rules would be available only if the further conditions / requirements set out by the board in its Circular are complied with. The impugned order of the Tribunal also records the fact that the power of the board to issue circulars u/s 119 of the Act is mainly to remove hardship caused to the assessee. In the above view, it was held by the impugned order of the Tribunal that the scope of Rule 6DD of the Rules cannot be restricted and / or fettered by the CBDT Circular No.8 of 2016. In the aforesaid facts, it allowed the respondent assessee's appeal. 7. Mr. Kotangle, lea....