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TMI Blog2012 (11) TMI 629X X X X Extracts X X X X X X X X Extracts X X X X ..... laim of the assessee in respect of the total sales export of Rs.2,09,48,250/-. The assessee had already given deduction in respect of Rs.19,52,965/- in respect of dimensional blocks of granite export is concerned , there is no reason to interfere with the order passed by the Tribunal - Tax Case (Appeal) is dismissed answering the questions in favour of the Revenue. No costs. - Tax Case (Appeal) No.2216 of 2006 - - - Dated:- 15-10-2012 - MRS. CHITRA VENKATARAMAN AND MR. K. RAVICHANDRABAABU JJ. For Appellant: Dr.Anita Sumanth For Respondent: Mr.M.Swaminathan Standing Counsel for Income Tax JUDGMENT K. RAVICHANDRABAABU, J) This Tax Case (Appeal) filed by the assessee as against the order of the Income Tax Appellate Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y a trading exporter and has not incurred any expenses towards cutting, trimming and polishing to make the granites as value added products. However, the Assessing Officer has granted deduction of Rs.19,52,965/- only on sales of dimensional granite blocks to the extent of Rs.55,21,293/-. In so far as the remaining claim is concerned, the same was rejected as inadmissible. Aggrieved against the same, the assessee filed an appeal before the First Appellate Authority. 3. The Commissioner of Income Tax (Appeals) found that the assessee was a trading exporter and the process of cutting, polishing and marking were done by the suppliers. The first Appellate Authority, pointed out that as the perusal of records shows that the appellant had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jected the contention of the assessee and accepted the case of the Revenue; consequently allowed the appeal. Aggrieved against the same, the present appeal is before us. 5. Learned counsel appearing for the assessee pointed out that the Tribunal, without looking into other records, had only made its opinion that without polishing or trimming, the colour of the granite could be identified. She also contended that the First Appellate Authority, had, in fact, accepted the case of the assessee based on the perusal of the records which shows that what was exported was only dimensional blocks of granite. On the other hand, learned standing counsel appearing for the Revenue contended that when the documents filed by the assessee, more partic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the disputed sale is concerned, the Assessing Officer had noted that what was purchased was only rough blocks and it is also an undisputed fact that the assessee had not incurred any expenditure towards cutting, trimming and polishing to make the granites as value added products. The assessee, admittedly, is only a trading exporter. Thus when the fact remains that the assessee had exported only rough block, as admitted by the assessee's own document, namely, purchase invoices, we find no reason to accept the case of the assessee. 9. Though, no doubt, it is true that the First Appellate Authority has allowed the case of the assessee by holding that the assessee had exported cut and trimmed granite blocks based on the perusal of the recor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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