9911796707
TMI Blog1995 (12) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... tition under Section 11 of the U. P. Sales Tax Act is directed 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty has been allowed by me by order of date holding 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 despatc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all be deducted from the invoice of the Company. (a) 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the goods is complete as soon as the goods are delivered to the 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 turnov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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