JUDGMENT
Heard the learned counsels for the parties.
2. The petitioner has challenged the impugned order by 22-5-2001 (Annexure-5 to the writ petition) of the Commissioner, Meerut. The petitioner has claimed deduction under section 80HHC of the Income Tax Act, 1961 (hereinafter referred to as the Act) in respect of profit obtained from the export business. The petitioner has filed an application before the Commissioner under clause (2)(a) of the aforesaid provision, which has been rejected by the Commissioner against which he has filed this writ petition.
3. We have carefully perused the impugned order of the Commissioner. The Commissioner has mentioned that the petitioner has produced a fax message dated 10-1-1999, stating that due to heavy slump in Dubai the payment could not be made in time. However, the Commissioner has doubted the genuineness of this fax message as correspondence between the petitioner (Taj Mahal Exports, Ghaziabad) and purchaser (Al Fayoom Trading EST Dubai) regarding realization of sale proceeds was not produced. The Commissioner has further said that no evidence was produced in respect of the claim of the petitioner that there was slump in Dubai or the International Market and that the sale proceeds could only be realized beyond a period of 2 years from the sale of the goods.
4. Shri Vikram Gulati, the learned counsel for the petitioner, has stated that the Commissioner has wrongly observed that the assessee has not produced the correspondence and other material regarding the realization of the sale proceeds. If that is so, it will be open to the petitioner to approach the learned Commissioner, Meerut, again by means of a suitable application, and if he can satisfy the Commissioner that there were other materials and correspondences, which were placed before the Commissioner, but which were not considered, then it will be open to the Commissioner to reconsider his order and pass a fresh order in accordance with law.
The learned counsel for the petitioner may approach the Commissioner, Meerut, who shall decide the same application in accordance with law expeditiously.
The writ petition is disposed of, with these observations.