https://www.taxtmi.com/caselaws?id=128840 Sales of discarded capital assets are not included in taxable turnover where the disposals are merely realisations of machinery, stores, scrap or other unserviceable articles and are not carried on as a business of selling goods. The relevant inquiry is whether the sales form part of the dealer's business activity; mere frequency, repetition, or collection of tax from purchasers is not conclusive. Post-delivery rebates granted by credit note do not reduce turnover where the original contracts were already performed and there is no legally effective novation supported by consideration. The taxable sale price remains the contractual price receivable under the original bargain. en-us Thu, 14 Nov 1963 00:00:00 +0530 Fri, 12 Apr 2013 11:31:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=128840 Sales of discarded capital assets are not included in taxable turnover where the disposals are merely realisations of machinery, stores, scrap or other unserviceable articles and are not carried on as a business of selling goods. The relevant inquiry is whether the sales form part of the dealer's business activity; mere frequency, repetition, or collection of tax from purchasers is not conclusive. Post-delivery rebates granted by credit note do not reduce turnover where the original contracts were already performed and there is no legally effective novation supported by consideration. The taxable sale price remains the contractual price receivable under the original bargain. Case-Laws VAT and Sales Tax Thu, 14 Nov 1963 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=128840