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TMI Blog2017 (2) TMI 930X X X X Extracts X X X X X X X X Extracts X X X X ..... han the turnover disclosed in the return. (ii) shortage of 4% during transportation of coal has been disbelieved. (iii) the amount payable towards loading and unloading have been shown lesser than what has actually been incurred; and (iv) the assessee was found selling the product at a lower rate than what prevailed in the market. 2. Learned counsel for the appellant has relied upon Para-8 of the judgment of this Court in M/s Speed Rollers Pvt. Ltd. Vs. Commissioner of Trade Tax, U.P., Lucknow, reported in VSTI 2007 , Allahabad High Court, 449. So far as shortage/ wastage during the course of transportation is concerned, it is contended that the loss upto 5% is consistently found to be acceptable in such transactions. So far as loading ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turnover disclosed in the Books of Account is higher than the turnover disclosed in the return. Para-8 of the judgment in M/s Speed Rollers Pvt. Ltd. (supra), for such purposes is relied upon, which is reproduced:- "8. It has been repeatedly held by catena of decision that the account books cannot be rejected on the ground where the turnover disclosed in the books of account is higher than the turnover disclosed in the return. ( Kailash Stationery Stores Vs. CST, reported in 1987 UPTC, 115, Chander Bhan Neta Nand Vs. CST, reported in 1987 ATJ, 761, Matrumal Dhanna Lal Oil Mill Vs. CST reported in 1986 TNC, Vol.-1, 78, Indian Steel Traders Vs. CST, reported in 1986 ATJ 418, CST Vs. Kanpur Glass House, reported in 1986 STR, 148, CST Vs. Agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The assessing authority and the Tribunal cannot fix any figure for loss caused during the transportation on surmises. There was nothing on record for the revenue to hold that the figures disclosed by the assessee were abnormally high or that it was otherwise inconceivable. In the absence of any other specific material, the Tribunal was not justified in discarding figures of loss due to transportation at 4% in the facts of the present case. 8. Turning to the third issue with regard to the loading and unloading figures disclosed by the assessee being lower, I find that except for a solitary instances there was no material before the authority to doubt that assessee had not sold coal at the railway side itself. In case there was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stigate or if after investigation he does not find anything adverse to the assessee he cannot reject the dealer's results simply on suspicion or conjecture. Such view have been expressed by the Courts for a long time and the members of the Tribunal must have known this basic concept of tax jurisprudence. Such view were recently repeated by this Court in the case of Saurashtra Chemicals ( Supra). It is painful that a higher judicial body like the Sales Tax Tribunal should uphold such perverse enhancement in the turnover. 9. There is nothing on record to indicate that the assessee has deliberately disclosed a lesser figure in the books of account and that Coal was actually sold at a higher rate. The revenue has, otherwise, not investiga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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