TaxTMI 
TaxTMI 
2004 (8) TMI 312
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....e appeals and as have been revealed from the records and are not in dispute are that both the appellants were carrying on the business of transporting of goods relating to various parties which involved plying of appellants' own trucks as well as engaging trucks belonging to outsiders. Return of income for asst. yr. 1997-98 by M/s Paras Transport Co. was filed on 31st March, 1999 declaring an income of Rs. 1,96,870 whereas return of income for asst. yr. 1997-98 in the case of M/s Kaushal Transport Co. was filed on 30th March, 1999 declaring an income of Rs. 70,880. From the TDS certificates enclosed by these assessees along with their respective returns of income, the AO came to know that the total receipts of M/s Paras Transport Co. we....
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....receipts on account of plying of their own trucks as well as on account of hiring of trucks belonging to others. The counsel further submitted that so far as receipts relating to truck belonging to other parties were concerned, though the same were routed through the assessees, being transporters and responsible for booking the goods, yet the whole of the receipts being not assessees' business receipts could not be considered as assessees' turnover. Explaining this aspect, the learned counsel submitted that so far as trucks of outsiders were concerned, though the parties used to pay total freight to the assessee but ultimately the same was to be paid to the truck owner and from such type of transactions the assessee was only receivi....
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....es could not be attributed as receipts on account of plying of assessees' own trucks and even if these receipts are considered as plying on assessees' own account, then also I am of the opinion that the income from assessees' own trucks being liable to be computed under s. 44AE of the Act, according to which the assessees were not under obligation even to maintain the books of accounts, no contravention of provisions of s. 44AB of the Act can be alleged. 8. Further, I am inclined to agree with the submission of the learned counsel for the assessee that so far as receipts attributable to trucks owned by others were concerned, though the same were routed through the assessee (assessees being the transporters responsible for carry....