SC substitutes Gujarat HC’s direction with respect to striking down Sec 80HHC retro amendment on DEPB

SC substitutes Gujarat HC’s direction with respect to striking down Sec 80HHC retro amendment on DEPB; SC holds that "“Having seen the twin conditions and since 80HHC benefit is not available after 1.4.05, we are satisfied that cases of exporters having a turnover below and those above 10
cr. Should be treated similarly. This order is in substitution of the judgment in Appeal." ; SC holds that in essence High Court has quashed severable part of third and fourth proviso to Sec. 80HHC(3); SC notes Revenue’s submission that once the prayer was to severe the twin conditions, HC should have couched the relief in terms of that prayer instead of stating that Section would apply prospectively and not retrospectively  : SC