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Issues: Whether the assessee was entitled to deduction of the cost of packing materials under the Mysore Sales Tax Rules in an assessment under the Central Sales Tax Act.
Analysis: The assessment related to inter-State transactions and was governed by the Central Sales Tax Act as amended by Central Act 28 of 1969. Section 5 of the amending Act inserted section 8-A in the Central Sales Tax Act. Sub-section (2) of section 8-A provided that, save as otherwise provided in sub-section (1), no deduction shall be made from the aggregate of the sale prices in determining turnover under that Act. On that basis, deductions under rule 6(4) of the Mysore Sales Tax Rules were held inapplicable to assessments under the Central Sales Tax Act. The amendment was expressly retrospective.
Conclusion: The assessee was not entitled to deduct the cost of packing materials, and the levy on that amount was upheld.