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 carriage inward and freight inward incurred by the purchasing dealer form part of the purchase turnover under the Kerala General Sales Tax Act and the sale price under the Central Sales Tax Act.
Analysis: The expression "turnover" under section 2(xxvii) of the Kerala General Sales Tax Act, 1963 was held to mean the aggregate amount for which goods are bought or sold. Rule 8(2) was treated as subject to that statutory definition, so that the amount for which the goods are bought includes the price paid as well as incidental expenditure incurred to bring the goods to the dealer's place of business. The exclusion of freight under rule 9(f)(i) was found to operate in the context of sales turnover and not purchase turnover. On the facts, the transportation and handling charges were incurred before the purchase was complete and were part of the cost of acquisition. Under section 2(h) of the Central Sales Tax Act, the sale price also includes expenditure incurred until delivery to the buyer, and the assessee did not establish that freight was borne on behalf of the buyer after completion of sale.
Conclusion: Carriage inward and freight inward were correctly included in purchase turnover under the Kerala General Sales Tax Act and were not deductible from sale price under the Central Sales Tax Act.
Ratio Decidendi: Where freight or carriage expenses are incurred before the purchase or sale is complete and are necessary to make the goods available at the dealer's place of business or to complete delivery, they form part of the taxable turnover or sale price and are not deductible as post-sale charges.