In any action under subsection C of § 3.2-4201, reports of numbers of cigarettes stamped submitted to the Attorney General pursuant to subsection A of § 3.2-4209 shall be admissible in evidence and shall be presumed to accurately state the number of cigarettes stamped during the time period by the stamping agent that submitted the report absent a contrary showing by the nonparticipating manufacturer or importer. Nothing in this section shall be construed as limiting or otherwise affecting the Commonwealth’s right to maintain that such reports are incorrect or do not accurately reflect a nonparticipating manufacturer’s sales in the Commonwealth during the time period in question, and the presumption shall not apply in the event the Commonwealth does so maintain.