2010 (8) TMI 832 - HC - VAT and Sales Tax

Summary

Issues involved: Challenge to order disallowing exemption claim for export transactions due to non-production of agreement with foreign buyers.

Summary:

The writ petition challenged an order disallowing the claim for exemption made by the petitioner for prior and post export transactions. The petitioner, a manufacturer of hosiery goods, sought exemption of tax liability for transactions outside India for the year 1994-95 by filing form H and relevant documents. The assessing authority rejected the claim due to non-production of the agreement with foreign buyers. The petitioner argued that sufficient documents were provided to prove the transactions, and the assessing authority's decision was unfair and arbitrary. The court agreed, stating that proving the transaction's factum with satisfactory documents exempts it from tax liability, without mandating the production of the agreement with foreign buyers. Citing similar cases, the court set aside the impugned order and remanded the matter to the assessing authority for reconsideration based on the documents already available and any new documents provided by the petitioner.

In conclusion, the court set aside the impugned order and remanded the matter back to the respondent for fresh consideration in light of the existing documents and any new evidence presented by the petitioner, ensuring the petitioner's right to be heard. The writ petition was disposed of with no costs incurred.