1987 (2) TMI 513

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..... -6-1986 by the assessee carrying on business in coal, inter alia. 2. The assessee procures coal from Bina Colliery and carries on business at Ahraura. A survey took place on 17-3-1980 and then a diary was seized. From the seized material it was discovered that the coal was being sold by the dealer at the Colliery and the cash memo had been issued later at the business premises and there was a d .....

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..... isclosed by the assessee was ₹ 2400/- and the rate applied by the Assessing Officer at ₹ 3500/- per truck, was not excessive. He therefore, affirmed the estimate of 176 trucks of coal at the rate of ₹ 3500/- each. 3. On further appeal, the Tribunal reduced the estimated rate of ₹ 3500/ to ₹ 3200/- per truck. 4. The question for consideration is whether there was .....

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..... e parties, in whose name cash memos were issued by the dealer and actual selling rate would have been determined thereafter. No such enquiry was made from the purchasers. Therefore, the rate mentioned in the cash memos cannot be doubted. The Assistant Commissioner (Judicial) was, therefore, not justified in affirming the estimate of average selling rate per truck. The Tribunal did not consider thi .....

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