https://www.taxtmi.com/caselaws?id=159677 For deduction under the second proviso to rule 42 of the Gujarat Sales Tax Rules, 1970, the term "purchase price" means the actual valuable consideration paid or payable for the goods and cannot be inflated by adding a purchaser's purchase tax liability. Rule 42 uses the same purchase price both to compute the aggregate drawback, set-off or refund and to calculate the 2% deduction, so the expression must bear the same statutory meaning in both places. In the absence of express language permitting a notional gross-up, the deduction is to be worked out on the actual purchase price. The reference was answered in favour of the assessee and against the Revenue. en-us Fri, 11 Dec 1998 00:00:00 +0530 Fri, 29 Nov 2013 14:21:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=159677 For deduction under the second proviso to rule 42 of the Gujarat Sales Tax Rules, 1970, the term "purchase price" means the actual valuable consideration paid or payable for the goods and cannot be inflated by adding a purchaser's purchase tax liability. Rule 42 uses the same purchase price both to compute the aggregate drawback, set-off or refund and to calculate the 2% deduction, so the expression must bear the same statutory meaning in both places. In the absence of express language permitting a notional gross-up, the deduction is to be worked out on the actual purchase price. The reference was answered in favour of the assessee and against the Revenue. Case-Laws VAT and Sales Tax Fri, 11 Dec 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=159677