Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the mahimai amount collected by the assessee from purchasers, shown separately in the sale invoices, formed part of the turnover and taxable turnover.
Analysis: The statutory definition of turnover covers the aggregate amount for which goods are bought or sold, and taxable turnover is the turnover after only such deductions as are permitted by the Act and the Rules. Amounts collected on the occasion of sale, even if separately described in the invoice and even if claimed to be for a charitable or religious object, form part of the consideration if they are in substance paid for obtaining the goods. Earlier decisions on rusum, dharmada, sales tax collected under statutory obligation, and similar levies did not assist the assessee on the facts found here. The collection was not one which the seller was statutorily authorized to collect, and it was added to the invoice value and taken from purchasers as part of the sale transaction.
Conclusion: The mahimai collection formed part of the sale consideration and was includible in the taxable turnover.
Ratio Decidendi: Amounts collected from purchasers on the occasion of sale, and forming part of the consideration for the goods, are includible in turnover and taxable turnover unless the statute expressly permits their deduction.