2000 (7) TMI 239

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....um Corporation Ltd. (for short, M/s HPCL) for transportation of diesel from Kandla to Udaipur. The assessee was a sub-contractor of M/s ATC. It is alleged by the assessee that the assessee's tanker No. RSY 7126 was carrying 16,000 lts. of diesel from Kandla to Udaipur but the said tanker met with an accident and the entire diesel is stated to have been lost/escaped. M/s HPCL claimed an amount of Rs. 61,923 being the cost of the aforesaid diesel stated to have been lost due to accident in transit, from M/s ATC which in turn claimed the amount from the assessee. The AO disallowed the assessee's claim for deduction of the aforesaid loss and the learned CIT(A) confirmed the same. 3. We have heard the arguments of both the sides and also peru....

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....itre, whereas such a rate of diesel never existed at that time. He has contended that the AO has not enquired into the fact of accident as to whether an accident occurred or not at all, so the Tribunal should direct the AO to re-examine the matter. As against this, the learned authorised representative of assessee as, in rejoinder, contended that this is an appellate forum and a revisional one. He has contended that the fact of accident has not been questioned by the authorities below and so no such plea should be entertained now and all the arguments related thereto should not be considered. 5. We have considered the rival contentions as also the materials placed on record. From the perusal of the record, we find that one paper, scribed....