2012 (11) TMI 629

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....rejecting the claim of deduction u/s.80 HHC made in respect of dimensional granite blocks exported by the appellant herein? 2) Whether on the facts and in the circumstances of the case, the ITAT is right in law in reaching the erraneous conclusion that what was exported by the appellant was rough granite blocks, this conclusion being totally contrary to the supplier's certificate produced by the appellant? 3) Whether on the facts and in the circumstances of the case, the ITAT is right in law, in concluding, based only on the terminology in the invoice and without reference to the dimensions and type of the granite mentioned therein, that what had been exported by the appellant was only rough granite blocks and not dimensional blocks?"....

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....1.1995. The said order of the Commissioner of Income Tax (Appeals) was challenged by the Revenue before the Income Tax Appellate Tribunal.   4. It is seen from the order of the Income Tax Appellate Tribunal that the invoice filed by the assessee at page Nos.11 and 22 of the paper book before the Tribunal shows that the assessee had exported rough granite and however in so far as the export of dimensional granite blocks are concerned, the Assessing Officer had already granted deduction under Section 80 HHC of the Income Tax Act. The Tribunal further pointed out that the contention of the assessee, namely, that the word 'rough' was wrongly typed in the invoice cannot be accepted, as the export document should contain the correct descr....

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.... granite and it is a dimensional blocks of granite. Accordingly, learned standing counsel appearing for the Revenue submitted that the assessee is not entitled to any relief under Section 80 HHC of the Income Tax Act, insofar as the rough granite is concerned, based on the circular dated 1.11.1995, which grants exemption only in respect of dimensional blocks of granite.   6. We have gone through the orders passed by the Authorities below and heard learned counsel appearing for the appellant and learned standing counsel appearing for the respondent.   7. It is seen from the order of the Assessing Authority that the assessee has furnished invoices showing that rough blocks were exported along with the dimensional blocks of gra....