TMI Blog2009 (10) TMI 452X X X X Extracts X X X X X X X X Extracts X X X X ..... ormal rate. The Assessing Officer noticed that the purpose is to evade payment of tax in respect of 5 per cent. Assessing Officer disallow the 5 percent discount, which was confirmed in first appeal. However Tribunal allow the appeal. Held that- the Tribunal assumed certain facts which was contrary to the facts found by Assessing Officer. Thus remand back the matter. - 103, 132, 196 and 272 of 2009 - - - Dated:- 28-10-2009 - RAMACHANDRAN NAIR C. N., MOHANAN V. K. JJ. P.K.R. Menon and Jose Joseph for the appellant. P. Balakrishnan for the respondent. JUDGMENT The judgment of the court was delivered by C. N. Ramachandran Nair J.- Even though several questions are raised by the Revenue in the connected appeals filed again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctor were in bulk and the packing was done by the managing director, the Assessing Officer noticed that during assessment year 2001-02 export sales were made by the managing director from the very beginning of the previous year 2000-01 and he purchased certain machinery for packing only in December, 2000. Further it was established by him in the assessment order that goods immediately on receipt from the assessee were exported by the managing director. The Assessing Officer based on these findings disallowed 5 per cent. discount which was confirmed in first appeal. However, on second appeal, the Tribunal allowed the appeal for the assessment year 2001-02 and for remaining years also, following the said order, the Tribunal allowed the claim, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h because the managing director was stated to be engaged in packing at least for subsequent years and if additional discount of 5 per cent. is attributable to packing cost incurred, certainly disallowance should not be made at least to the extent made by the Assessing Officer. It is for the assessee in co-ordination with the managing director to prove that sales were of bulk quantity and the export was made after sufficient time lag within which time, the managing director packed the commodity for export and for local sale. In fact, the accounts of the managing director would contain the employees' strength, purchase of packing materials, receipt of goods, etc., and the documents pertaining to despatch of goods for export and local sale whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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