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TMI Blog2014 (9) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... the Mercantile System of Accounting – the action of the AO reducing the export turnover declared in the books of account filed by the assessee by the amount of bills for which bills lading were issued beyond the end of accounting year was found to be justified – the order of the Tribunal is upheld – Decided against Assessee. - Writ Tax No. - 1253 of 2009 - - - Dated:- 2-9-2014 - Hon'ble Tarun Agarwala And Hon'ble Dr. Satish Chandra,JJ. For the Petitioner : Shri Kant,R. S. Agarwal For the Respondent : C.S.C.(Income Tax),R.K.Upadhaya,Shambhu Chopra ORDER 1. The present writ petition is filed by the assessee against the impugned order dated 26.2.2009 passed by the Commissioner of Income Tax, Moradabad under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Commissioner of Income Tax, Orissa and another (1975) 101 ITR 827 has observed that:- The order of the Commissioner made under section 264 of the Act was a judicial order and not an administrative one. In view of the decision in Dwarika Nath Vs. Income Tax Officer, (1965) 57 ITR 349 SC the question of jurisdiction is not open to doubt. The writ petitions are maintainable. 6. In view of the above, the objection is over ruled. 7. On merit, Sri R. S. Agarwal, learned counsel for petitioner submits that the assessee has following the Mercantile System of accounting since inception of the firm in the year 1958 and accordingly, export sales were recorded in the books of accounts on the basis of date of invoice. He further submits th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 10. In the instant case, the bills and invoices were created by the assessee in the back date (anti dated) to claim the benefit of section 80HHC, which is not permissible. 11. The goods were not exported, before the cut of date (supra), only invoices were prepared anti dated. When it is so then we find that the claim of the assesses is a colourable device to get the benefit under section 80HHC of the Act. No benefit under Section 80HHC can be extended on the basis of invoice alone. To claim the benefit, export clearance certificate is must as per Customs Act, 1962. 12. In the instant case, any sale transaction will become part of turnover only after getting custom clearance and the whole transaction should get completed during th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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