TMI Blog2020 (8) TMI 736X X X X Extracts X X X X X X X X Extracts X X X X ..... in the writ petition warrant interference. As regards the aspect, namely, sales return, it is seen that the petitioner has enclosed the certificate issued by the Chartered Accountants along with their explanation. The Chartered Accountants have certified that the transactions in question were executed by the assessee and that they had been reversed in their books of account. In other words, the transactions became unfructified sales. It appears that for proving bona fides, the documents regarding reversal of export sales were produced before the assessing authority. The assessing authority has rejected this stand of the petitioner by stating that the relevant documents have not been submitted. The reason given by assessing authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : 7532110430 : Sales against Form H : 7017570 Export Sales u/s.5(1) : 3970582939 Local SEZ sales : 189767355 Other state SEZ Sales : 1476287 - - - - - - - - - - - - - - - : ₹ 1170,09,54,581/- Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be passed. Not satisfied with the same, the petitioner has filed this writ petition in which the earlier order dated 31.08.2019 has been questioned along with the rectification order dated 23.10.2019. 4. The learned counsel appearing for the petitioner reiterated all the contentions set out in the affidavit filed in support of this writ petition. 5. The writ prayer is strongly opposed by the respondents who have filed the counter affidavit. The learned Special Government Pleader submitted that the orders impugned in this writ petition do not warrant any interference. 6. I carefully considered the rival contentions and went through the materials on record. 7. As rightly pointed out by the learned counsel appearing for the writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. Commercial Invoice Date 2. Date of Shipping Bill. 3. Importer Payment Date. They have stated that the Export Assessable value assessed by the customs authority is not an actual export value but the same was relating to the prevailing market value of the Foreign Currency as on the date of Export. The dealers explanations and details furnished in their reply were carefully examined. The dealers explanations are accepted and the quantity recorded in the shipping invoices are actually exported as per bill of lading noted in the direct export statement and there is no variation in the export quantity of finished goods between the invoices and shipping bill bill of lading. The variation noticed in amount between the value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner has enclosed the certificate issued by the Chartered Accountants along with their explanation. The Chartered Accountants have certified that the transactions in question were executed by the assessee and that they had been reversed in their books of account. In other words, the transactions became unfructified sales. It appears that for proving bona fides, the documents regarding reversal of export sales were produced before the assessing authority. The assessing authority has rejected this stand of the petitioner by stating that the relevant documents have not been submitted. 15. I cannot appreciate this reason adduced by the assessing authority. When the petitioners deny the sales in question, they cannot do anything more ..... X X X X Extracts X X X X X X X X Extracts X X X X
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