RAJES KUMAR, J. - Present revision under section 11 of the U.P. Trade Tax Act, 1948 (hereinafter referred to as "the Act") is directed against the order of the Tribunal dated May 30, 1996 relating to the assessment year 1987-88.

On the basis of the information that the assessee - opposite party (hereinafter referred to as "the assessee") has received certain amounts from M/s. IFFCO, Phulpur, Allahabad and M/s. BPCL, Naini, Allahabad towards hire charges, assessment proceedings have been initiated. During the course of the assessment proceeding, the assessee filed the copies of the agreement and explained that in pursuance of the agreement only buses were provided to M/s. IFFCO, Phulpur, Allahabad and M/s. BPCL, Naini, Allahabad for the transportation of their employees from their residence to the factory and from factory to the residence and for which charges were stipulated. It was submitted that the possession of the vehicle was always with him and the entire expenses, namely, diesel charges, salary of driver/conductor, road tax, passenger tax, etc., have been borne by him and at no stage the right has been transferred to the aforesaid two companies to use the buses and