2018 (4) TMI 95

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....pondent: By Adv. Sri. P. Benny Thomas 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 br....

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....ded in the export turnover to compute the export 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 provisio....

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.... as found by the Tribunal, the assessee would be disentitled 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 su....