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[2008] 166 Taxman 88 (SC)/[2009] 309 ITR 440 (SC)/[2008] 214 CTR 11 (SC) [2008] 166 TAXMAN 88 (SC) SUPREME COURT OF INDIA Janatha Cashew Exporting Co. v. Commissioner of Income-tax, Trivandrum * S.H. KAPADIA AND B. SUDERSHAN REDDY, JJ. CIVIL APPEAL NO. 6571 OF 2005 NOVEMBER 13, 2007 Section 80HHC of the Income-tax Act, 1961 - Deductions - Exporters - Assessment year 1992-93 - Assessee, a cashew exporter had made direct and indirect exports and claimed total deduction under section 80HHC(1) and 80HHC(1A) - Assessing Officer granted deduction; however, while granting deduction under section 80HHC(3) he excluded sales to export houses from export turnover - Tribunal took view that Assessing Officer should recompute income of assessee and allow benefits admissible to export house if such export house had issued a disclaimer certificate - High Court, however, set aside order of Tribunal - No factual finding was recorded by High Court as to whether sales made through export houses by assessee was supported by a disclaimer certificate from such export houses - Whether matter was to be remitted to Assessing Officer - Held, yes FACTS The assessee-company a cashew exporter, had made direct and indirect exports for the assessment year 1992-93, and claimed total deduction under section 80HHC(1) and 80HHC(1A). The Assessing Officer granted deduction under section 80HHC(1) and 80HHC(1A), however, while granting deduction under the proviso to section 80HHC(3), he excluded sales to export houses from export turnover and re-worked the relief. The Commissioner (Appeals) upheld the order of the Assessing Officer. The Tribunal, however, took view that the Assessing Officer should recompute the income of the assessee and allowed benefits admissible to the export house if such export house had issued a disclaimer certificate. On appeal, the High Court set aside the order of the Tribunal holding that since section 80HHC(1) read with section 80HHC(3) provided for computation and deduction of profit and direct export only, the assessee was not entitled to the benefit in respect of indirect exports made through the export house. On appeal to Supreme Court: HELD In the instant case, the…

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