TMI Blog2008 (8) TMI 856X X X X Extracts X X X X X X X X Extracts X X X X ..... 4-95. The dealer-opposite party is coal trader. It imports coal from outside the State of U.P. and sells it inside the State of U.P. The disclosed turnover of coal was not accepted by the assessing officer. The assessing officer also took the view that the amount of freight incurred by the dealer for importing the coal from colliery to coal depot shall form part of the turnover. The purchases w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nover of the assessee? (ii) Whether, on the facts and in the circumstances of the case, the Trade Tax Tribunal has examined the case in the light of observation of honourable Allahabad High Court in Sales Tax Revision No. 340 of 1994 Commissioner of Sales Tax, U.P. v. Sharma Coal Company Jalandhari, Azamgarh, dated December 14, 1998 and has correctly held that the freight would not form the par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not a coal agent but is a principal and as such, the inward freight shall form part of the turnover. The decision of the apex court in the case of Vinod Coal Syndicate [1989] 73 STC 317; [1988] UPTC 218 has been distinguished on the ground that in that case the dealer acted as agent which is not so where the purchases have been made by a dealer, as in the present case, in his own account. Simi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
