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 pumping charges collected for delivering ready mix concrete to the customer's specified place form part of the sale price and taxable turnover under the Karnataka Value Added Tax Act, 2003.
Analysis: The definition of turnover under section 2(36) includes sums charged for anything done by the dealer in respect of goods sold at the time of or before delivery. On the facts, ready mix concrete had to be transported in a workable condition and delivered to the customer's site; where the customer chose delivery at a particular place such as a roof or floor, pumping was part of the delivery process and not an independent post-sale service. The Court distinguished cases where transportation was undertaken in a separate capacity for the buyer, holding that here there was no dual role and the pumping activity facilitated completion of the sale transaction. Expenses incurred until the goods reached the point of delivery therefore formed part of the taxable turnover.
Conclusion: The pumping charges are includable in the sale price and taxable turnover, and the challenge by the assessee fails.