ASHOK KUMAR,J. - (1.) Heard Sri. Ankur Agarwal, holding brief of Sri. Rakesh Ranjan Agarwal, learned counsel for the applicant-revisionist and Sri. BK Pandey, learned Standing Counsel.
(2.) By means of the present revision, revisionist has proposed the following questions of law for the opinion of the Court:- Questions of Law:- (i) Whether on the facts and in the circumstances of the case the Tribunal was correct fix the rate of coal sold @ Rs. 2000/- per M.T. as against Rs. 1627.50 per M.T. disclosed on the fact of circumstances of the case. (ii) Whether the Tribunal being the court last finding authority was correct to consider the reply to show cause notice and that it filed the copies of the list of purchases and sales, handling charges, fright inward rail, form-31 and Form-C giving the reasons for the fall in the rate of coal. (iii) Whether the Tribunal was correct to consider that there was material in the record to reject the disclosed turnover as each year is an independent year and the rate of coal can be fixed on the basis of earlier year.
(3.) The brief facts of the case are that the revisionist carries on the business of the wholesale purchase and sale of Coal. The Assessment Year, in question, 2003-04 under the U.P. Trade Tax (hereinafter referred to as the 'Tax'). The revisionist has disclosed the total purchase of Coal to the tune of Rs. 37, 68, 283.69/-.;