9911796707
TMI Blog2016 (2) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... - It would serve the interest of justice best if the petitioner is required to produce the relevant records or accounts before the Board for the Board to make an independent assessment as to whether the accounts or records are separately maintained in accordance with law - matter on remand. The order impugned does not indicate that the Board was dissatisfied with the documents pertaining to the Bhutan transactions or that such documents were not conclusive as to the export being actually made as claimed by the petitioner - the matter pertaining to the Bhutan transactions is also remanded to the Board for the Board to look into the best documents that may be produced by the petitioner in support of his assertion as to the export of tea to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not maintained by the assessee in respect of the tea sold through auction and the tea sold through private treaties. The relevant notification requires the dealers to keep separate records for such purchases. The petitioner claims that the petitioner kept separate records by maintaining separate accounts pertaining to the two types of transactions, though both sets of accounts were recorded in the same register. The petitioner claims that nothing in the relevant notification of August 2, 2002 requires separate books to be physically maintained and the requirement of separate records is sufficiently satisfied in the event the records of the two types of purchases are maintained without reference to each other and without both sets of tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the Board was dissatisfied with the documents pertaining to the Bhutan transactions or that such documents were not conclusive as to the export being actually made as claimed by the petitioner. Accordingly, the matter pertaining to the Bhutan transactions is also remanded to the Board for the Board to look into the best documents that may be produced by the petitioner in support of his assertion as to the export of tea to Bhutan. It will be open to the Board to allow the exemption claimed by the petitioner or disallow the same in accordance with law subject to the Board s satisfaction as to the documents. Accordingly, WP No.1181 of 2015 is partially allowed by setting aside the findings of the Board pertaining to the Bhutan transacti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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