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Issues: Whether amounts received by the assessee as reimbursement of the balance price on resale of goods purchased at a lower price were includible in turnover under the Kerala Value Added Tax Act.
Analysis: Section 2(lii) defined turnover as the aggregate amount for which goods are bought or sold, and Explanation VII specifically deemed amounts received towards reimbursement of the balance price, in a case where goods purchased are sold at a lower price, to be turnover. On the facts, the assessee sold cement below the purchase price and later received further amounts from the seller as reimbursement of the balance price. That receipt, though described as discount reimbursement, fell within the statutory deeming provision. The exclusion for discount applied only where discount on the price is separately shown in the tax invoice and the buyer pays only the reduced amount; it did not cover the reimbursement received here. The circular relied on by the assessee concerned input tax and did not affect the statutory scheme.
Conclusion: The amount received by the assessee was rightly included in turnover, and the assessment was correctly upheld in favour of the Revenue.
Ratio Decidendi: A receipt that reimburses the balance price on resale of goods purchased at a lower price is deemed turnover under the KVAT Act, whereas only separately shown trade discount in the tax invoice is excludible.