2018 (4) TMI 95

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... by Adv. Sri. K. John Mathai By ADV. Sri. E.K. Nandakumar   JUDGMENT The only question arising from the order of the Tribunal in the above appeal, as available in the Memorandum, is extracted here under: "Whether on the facts and in the circumstances of the case and in view of the fact that the Commission portion of the export proceeds were not brought to India in convertible foreign excha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....profit and hence deleted the same from the export turn over. 3. The first appellate authority concurred with the finding of the Assessing Officer based on the provisions of Explanation to Section 80HHC(2)(a). The export turnover is the sale proceeds brought into India by the assessee in convertible foreign exchange in accordance with the provisions of Section 80HHC(2)(a). The Tribunal, however, r....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ntitled in including the said component in the export turnover. Section 80HHC, as per Sub Section (2)(a) applies only if the sale proceeds of goods or merchandise exported out of India are received in or brought into India, by the assessee in convertible foreign exchange, within a period of six months from the end of a previous year or within such further period as the competent authority may allo....