9911796707
TMI Blog2012 (11) TMI 629X X X X Extracts X X X X X X X X Extracts X X X X ..... made in respect of dimensional granite blocks exported by the appellant herein? 2) Whether on the facts and in the circumstances of the case, the ITAT is right in law in reaching the erraneous conclusion that what was exported by the appellant was rough granite blocks, this conclusion being totally contrary to the supplier's certificate produced by the appellant? 3) Whether on the facts and in the circumstances of the case, the ITAT is right in law, in concluding, based only on the terminology in the invoice and without reference to the dimensions and type of the granite mentioned therein, that what had been exported by the appellant was only rough granite blocks and not dimensional blocks?" 2. The assessee, an exporter claimed ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals) was challenged by the Revenue before the Income Tax Appellate Tribunal. 4. It is seen from the order of the Income Tax Appellate Tribunal that the invoice filed by the assessee at page Nos.11 and 22 of the paper book before the Tribunal shows that the assessee had exported rough granite and however in so far as the export of dimensional granite blocks are concerned, the Assessing Officer had already granted deduction under Section 80 HHC of the Income Tax Act. The Tribunal further pointed out that the contention of the assessee, namely, that the word 'rough' was wrongly typed in the invoice cannot be accepted, as the export document should contain the correct description of the goods. The Tribunal had also pointed out tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, learned standing counsel appearing for the Revenue submitted that the assessee is not entitled to any relief under Section 80 HHC of the Income Tax Act, insofar as the rough granite is concerned, based on the circular dated 1.11.1995, which grants exemption only in respect of dimensional blocks of granite. 6. We have gone through the orders passed by the Authorities below and heard learned counsel appearing for the appellant and learned standing counsel appearing for the respondent. 7. It is seen from the order of the Assessing Authority that the assessee has furnished invoices showing that rough blocks were exported along with the dimensional blocks of granites. Taking note of the quantum with regard to the dimensional b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of disputed sale admittedly shows that only rough granite blocks were exported and not the dimensional blocks of granite. The assessee's contention that the word 'rough' was wrongly typed in the invoice is totally unbelievable and cannot be accepted as it appears to be an after thought. When that being the position, the Assessing Officer as well as the Tribunal had rightly rejected the case of the assessee by holding that the assessee was not entitled to relief under Section 80 HHC of the Income Tax Act as per CBDT's circular No.729 dated 01.11.1995, as admittedly, rough blocks were exported and not dimensional blocks insofar as the remaining claim of the assessee in respect of the total sales export of Rs.2,09,48,250/-. The assessee had al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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