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2011 (6) TMI 711 - MADRAS HIGH COURTWhether, on the facts and in the circumstances of the case, the Tribunal committed an error of law in disallowing the exemption claimed by the petitioner on high sea sales effected by the petitioners by transfer of document of title to the goods? Whether, on the facts and in the circumstances of the case, the Tribunal committed an error of law in confirming the levy of penalty under section 12(3) of the Tamil Nadu General Sales Tax Act, when in fact, the turnover was available in the books of accounts of the petitioners? Held that:- The mere failure on the part of the assessee to produce the endorsed bill of lading or that the buyer's name figured in the bill of entry along with the assessee's name, would not, in any manner, go against the claim of the assessee herein. The learned counsel appearing for the assessee submitted that the originals of the documents are already available with the assessee, which clearly prove the High Sea sales effected. In the background of the decisions of this court and that of the apex court and in the face of the documents produced before the authorities concerned, we feel, the proper course herein would be to set aside the order of the Tribunal and remand the matter back to the assessing authority for a fresh consideration of the materials produced by the assessee in support of its claim for high sea sales. Consequently, the order of the Tribunal stands set aside.
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