ASHWANI KUMAR MISHRA,J. - (1.) Assessee is a manufacturer of Biscuits, and is doing business throughout the country. The dispute giving rise to filing of this revision is two fold:- (i) Certain transfer of stock made to Jammu Region, below the selling price, is disbelieved. (ii) It is contended that freight and insurance in transportation of commodity to the dealer could not have been excluded from the turnover of sales.
(2.) The assessee submits that it maintains an uniform price throughout the country for its product. The margin allowed to the retailer is also fixed. Contention is that since cost of transportation is high, when the commodity is sent to Jammu area, if the same selling price is maintained, it would result in reduction of dealer's commission, and therefore, to maintain uniformity, it offers biscuits for sale at less than the cost price. So far as the other aspect relating to cost of freight and insurance is concerned, it is stated that under the agreement with the dealer, the goods are supplied by the assessee at its factory site, and it is for the dealers to transport it to their places. It is also submitted that in the event such transportation is arranged by the assessee on behalf of dealer, the same is reflected separately in the invoice, and therefore, cannot be included in the turnover of the assessee. Learned counsel submits that both the explanations furnished have not been considered by the tribunal.
(3.) Learned Standing Counsel submits that as records are weeded out, the issues of fact can be considered by the tribunal.;