TMI Blog1995 (12) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... cted against an order dated 25th January, 1995 passed by the Sales Tax Tribunal, Ghaziabad whereby it dismissed the dealer's second appeal arising out of its assessment for assessment year 1988-89. 2. I have heard Sri Rajesh Kumar, learned Counsel for the revisionist and Sri B. K. Pandey, learned Standing Counsel for the respondent. 3. The first point raised in this revision petition is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng that the default was accidental and there was no attempt to evade tax. Therefore, the very basis for the rejection of books of accounts goes away and the accounts books have to be accepted and the returned turnover is ordered to be accepted. 4. The next point is about the inclusion of the amount spent by the dealer on insuring goods despatched to its customers. The amount involved is ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Company will not bind itself for any breakage, loss and other transit risks, and, if he/they so desire/s Stockist/s may arrange to cover the risks under Insurance. If the Co., is able to arrange Insurance the charges thereon will be borne by the Stockist/s The terms and conditions as ruling such Insurance from time to time will be notified to the Stockist/s. It is also filed an Annexure &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e transporter The insurance is effected on behalf of the stockist or the buyer and the charts paid by the revisionist are realised from the customer cannot be treated as a part of the turnover. The learned Tribunal has reproduced in its order the definition of turnover and seems to be under the impression that the seller's turnover is equivalent to the buyer's cost. This is not so. Whateve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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