TaxTMI 
TaxTMI 
1985 (8) TMI 17
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....ade from the collieries to the consumers by rail, the freight charged to be paid by the purchasers. It is found as a fact that the purchasers who were the consignees were often charged extra freight where the quantity of coal received by them was less than that on which the freight was charged and paid. The excess freight charged, known in the trade as " undercharges ", used to be collected later from the sellers, the collieries, by the assessee as the agent of the purchasers, independent of any demand from the purchasers and the proceeds were credited in an account known as the "undercharges account". On demand from the purchasers, the assessee used to refund the amounts recovered on the account of the former and in many cases where ther....
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.... assessment years 1953-54 and 1956-57 to 1962-63, where the same question arose and was answered in favour of the assessee by this court in the case of the same assessee in CIT v. Karam Chand Thapar & Bros. (Coal Sales) Ltd [1979] 117 ITR 621, yet in the assessment year 1955-56, the same question was answered by this court against the assessee and the decision is Karam Chand Thapar & Bros. (Coal Sales) Ltd. v. CIT [1983] 140 ITR 939. He submitted that the matter should be sent back to the Tribunal for ascertainment of relevant facts. It was submitted further that in the assessment years involved in this reference, the assessee had also made claims for bad debts arising out of supply of coal. This was a new fact which was not raised nor con....