TMI Blog2004 (8) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... of goods relating to various parties which involved plying of appellants' own trucks as well as engaging trucks belonging to outsiders. Return of income for asst. yr. 1997-98 by M/s Paras Transport Co. was filed on 31st March, 1999 declaring an income of Rs. 1,96,870 whereas return of income for asst. yr. 1997-98 in the case of M/s Kaushal Transport Co. was filed on 30th March, 1999 declaring an income of Rs. 70,880. From the TDS certificates enclosed by these assessees along with their respective returns of income, the AO came to know that the total receipts of M/s Paras Transport Co. were at Rs. 75,41,750 whereas that of M/s Kaushal Transport Co. were at Rs. 60,67,500. Since the receipts of each one of the appellants exceeded Rs. 40 lakhs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eceipts relating to truck belonging to other parties were concerned, though the same were routed through the assessees, being transporters and responsible for booking the goods, yet the whole of the receipts being not assessees' business receipts could not be considered as assessees' turnover. Explaining this aspect, the learned counsel submitted that so far as trucks of outsiders were concerned, though the parties used to pay total freight to the assessee but ultimately the same was to be paid to the truck owner and from such type of transactions the assessee was only receiving commission which was 1 per cent or 2 per cent. He, therefore, submitted that even if the total receipts are attributable to outsiders, then also the assessee having ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he opinion that the income from assessees' own trucks being liable to be computed under s. 44AE of the Act, according to which the assessees were not under obligation even to maintain the books of accounts, no contravention of provisions of s. 44AB of the Act can be alleged. 8. Further, I am inclined to agree with the submission of the learned counsel for the assessee that so far as receipts attributable to trucks owned by others were concerned, though the same were routed through the assessee (assessees being the transporters responsible for carrying on the goods of the parties the same cannot be considered as assessees' turnover), it is common and admissible way of business of transporters that if they do not have their own trucks at t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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