2001 (1) TMI 948 - HC - VAT and Sales Tax

Summary

Issues:
1. Exemption claim for a consignment of coffee beans.
2. Disallowance of exemption by assessing authority.
3. Appeal allowed by appellate authority.
4. Revisional authority setting aside the appellate order.
5. Requirement of export agreement for tax exemption.
6. Non-appearance before revisional authority.
7. Request for a second opportunity.

Analysis:
1. The appellants claimed exemption for a consignment of coffee beans sold to an export house based in Bangalore, supported by form H and bills of lading.
2. The assessing authority disallowed the exemption, citing failure to establish export within legal requirements.
3. The appellate authority allowed the appeal, considering the export house's reputation and evidence of export to Equatorial Traders Limited, London.
4. The revisional authority set aside the appellate order, stating non-compliance with legal requirements, leading to the present appeal.
5. The court emphasized the necessity of producing the export agreement along with form H and bill of lading to establish a valid link between the goods sold and actual export.
6. The appellants' counsel argued that non-production of export agreement should not disqualify them from exemption, while the government advocate stressed strict compliance with legal requirements.
7. The court held that failure to produce the export agreement was fatal to the exemption claim, emphasizing the importance of fulfilling all legal requirements for tax exemption.
8. The appellants' request for a second opportunity due to non-appearance before the revisional authority was denied, considering the lack of valid reasons or likelihood of success.

In conclusion, the court dismissed the appeal, emphasizing the importance of timely production of evidence and adherence to legal requirements for tax exemption, denying a second opportunity due to the lack of valid reasons or exceptional circumstances.