Just a moment...
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 the freight or delivery charges paid to third-party lorry owners, together with plantation subsidy, formed part of the purchase price of sugarcane and were liable to be included in the purchase turnover for levy of purchase tax.
Analysis: The dispute was governed by the settled line of authority holding that where payments are linked to the procurement and scheduled delivery of sugarcane under the contractual arrangement, such amounts do not remain outside the sale transaction merely because they are separately described or are paid to third parties. The earlier Full Bench view and the affirming decisions of the Supreme Court were applied to hold that transport-related payments made to secure delivery of sugarcane, and plantation subsidy given as an incentive connected with supply, are components of the consideration for the purchase of sugarcane. Mere bifurcation of the invoice or the fact that the payments were routed separately did not alter their character.
Conclusion: The transport charges and plantation subsidy were includible in the purchase price and assessable to purchase tax, and the assessee's challenge failed.