Composite sale price including separable sales tax may be excluded from turnover when records clearly identify the tax element.

A composite sale price may be treated as including sales tax where the tax component is clearly identifiable from the assessee's own cash memos and registers. On the factual findings accepted by the revising authority, the assessee used cash memos showing both separate tax entries and composite amounts for the same goods, and the tax element could be worked out from the maintained records. On that basis, the sales tax component was separated and excluded from turnover, and the revising authority's decision was upheld with no error of law found.

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Issues: Whether sales tax embedded in a composite sale price could be separated and excluded from turnover where the price shown in the cash memo represented a composite amount.

Analysis: The revising authority found on facts that the assessee used two types of cash memos for the same goods, in some showing the price and sales tax separately and in others showing only the total composite amount. It was also found that the sales tax component could be worked out from the assessee's own registers and cash memos. These factual findings were not challenged. On that basis, the composite price was treated as including sales tax, and the amount attributable to tax was capable of separation from the maintained records.

Conclusion: The exclusion of the sales tax component from turnover was upheld, and no error of law was found in the revising authority's decision.

Final Conclusion: The revision was rejected, and the assessee's treatment of the composite price as inclusive of separable sales tax was sustained.

Ratio Decidendi: Where the sale consideration is a composite price and the tax component can be clearly identified from the assessee's own records, that component may be separated and excluded from turnover.

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