2009 (12) TMI 890

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..... see has filed the writ petition challenging the order of the Joint Commissioner passed in Ref. No.2/125123/94 in SMR 97-96 dated May 5, 1998 for the assessment year 1991-92. The brief facts of the case are as follows: The assessee is a dealer in coriander seeds. For the assessment year 1991-92, the assessee claimed exemption for a sum of Rs. 35,77,232.77 on account of the consignment sale effect .....

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..... d the present writ petition. The assessing officer has disallowed the exemption sought for by the assessee by merely rejecting the form F declaration. A perusal of the order passed by the assessing officer would show that the declaration in form F was rejected without assigning any reasons. The assessing officer proceeded on mere surmises. He appears to have passed the order rejecting the exempti .....

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..... in Kerala in favour of the Kerala State Transport Corporation. Moreover, the assessee has produced pattials and form Fs sent by the agents before the assessing officer which prove that the transactions have been between the agents and Kerala State Transport Corporation. The goods have been sent by the assessee in the normal transaction and there were no specific orders based upon which they have .....

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..... again proceeded on the very surmises by holding that the fact that there were godown available at the place of the Kerala State Transport Corporation, would create presumption that the transactions are direct sale between the assessee and the Corporation. On a reading of the order of the Joint Commissioner, it is seen that there is absolutely no material available on record to hold that there is a .....

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..... Therefore, the finding given by the Joint Commissioner that there was an implied agreement between the assessee and the ultimate purchaser, which is the Kerala State Transport Corporation, is not supported by any material evidence available on record. Moreover, it is not in dispute that for the assessment years 1989-90 and 1992-93, the Joint Commissioner has accepted the reply filed by the assess .....

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