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of <h1>Manufacturer wins tax case on indemnity charges in Appellate Tribunal ruling</h1> <h3>Toshniwal Industries Private Limited Versus Commercial Taxes Officer, Special Circle, Ajmer</h3> Toshniwal Industries Private Limited Versus Commercial Taxes Officer, Special Circle, Ajmer - [1997] 105 STC 44 (Raj[TT]) Issues:1. Whether indemnity/guarantee charges formed part of the sale price and were exigible to tax.2. Interpretation of the definitions of 'sale price' under the Central Sales Tax Act, 1956 and the Rajasthan Sales Tax Act, 1954.3. Application of relevant case laws to determine the inclusion of indemnity/guarantee charges in the sale price.Analysis:The judgment by the Appellate Tribunal of Rajasthan Taxation Tribunal dealt with two revision applications against similar orders of the Rajasthan Sales Tax Tribunal regarding the taxability of indemnity/guarantee (I/G) charges as part of the sale price for assessment years 1979-80 and 1980-81. The petitioner, a manufacturer of scientific equipment, collected I/G charges from buyers for safe delivery of goods, contending that these charges should not be included in the sale price.The crux of the matter revolved around the interpretation of the definitions of 'sale price' under the Central Sales Tax Act and the Rajasthan Sales Tax Act. The Tribunal analyzed the relevant provisions of both Acts and considered the petitioner's argument that the I/G charges were not part of the sale price, relying on various legal precedents to support this contention.The Tribunal observed that the I/G charges were recovered from a small percentage of buyers, indicating that they were not integral to the sale price for all transactions. The Tribunal also examined the printed bills and dispatch memos provided by the petitioner, which highlighted the nature of the I/G charges and the conditions under which they were levied.In its analysis, the Tribunal emphasized the significance of the provision regarding charges for services done before delivery in the definitions of 'sale price,' concluding that the I/G charges were meant to compensate buyers for potential losses or damages during transit and thus should not be considered part of the sale price.Furthermore, the Tribunal scrutinized the decisions of the Supreme Court and various High Courts cited by the petitioner, which supported the exclusion of I/G charges from the sale price. The Tribunal disagreed with the lower authorities' interpretation and overturned the orders, allowing the revision applications and directing the refund of tax and interest on the I/G charges to the petitioner.In a concurring opinion, the Technical Member agreed with the Tribunal's decision to allow the petitions, thereby setting aside the tax levied on the I/G charges and ordering their refund to the petitioner within a specified timeframe. The judgment highlighted the importance of correctly interpreting the statutory provisions and applying relevant legal principles to determine the taxability of specific charges in the sale price.
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