2023 (9) TMI 1045

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....ssed by the Kerala High Court in ITA Nos.1508, 1757 and 1760 of 2009 by judgment dated 23.03.2010, the assessee(s) has filed these appeals. We have heard learned counsel for the appellant(s) and learned counsel for the respondent-Department. During the course of submissions, our attention was drawn to a judgment of this Court in the case of Commissioner of Income Tax-5 and Anr. vs. Avani Exports and Anr. [(2016) 16 SCC 741]. It was submitted that the amendments made to Section 80-HHC(3) of the Income Tax Act, 1961 (for short "the Act") by the Taxation laws (Second Amendment) Act, 2005 with retrospective effect i.e. with effect from 01.04.1992 was assailed by certain categories of exporters, namely, those exporters who had less than Rs....

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.... bring the assessment orders in tune with the amendment. The appellant-assessees are cashew exporters who had claimed deduction of income from export of cashew kernels under Section 80- HHC(3) of the Act. The Taxation Laws (Second Amendment) Act, 2005 introduced an amendment to Section 80-HHC by introducing various provisos with retrospective effect from 01.04.1992. In one case, the original assessment had been completed and in another case assessment was completed under Section 143(1). The same were rectified under Section 154 to make the assessments in the context of grant of relief under Section 80-HHC consistent with the amendments to the provisos with retrospective effect. The rectification orders issued under Section 154 were assai....

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....ed and consequently the matter(s) were remanded to the Tribunal for reconsideration of the appeals on other grounds. It is the aforesaid remand order which is assailed in these appeals. This Court in Avani Exports and Anr. (supra) held as under: "5. We find that in essence the High Court has quashed the severable part of third and fourth proviso to Section 80-HHC(3) and it becomes clear therefrom that challenge which was laid to the conditions contained in the said provisos by the respondent has succeeded. However, to make the position crystal clear, we substitute the direction of the High Court with the following direction: "Having seen the twin conditions and since Section 80-HHC benefit is not available after 1-4-....