https://www.taxtmi.com/caselaws?id=160547 A surcharge collected from consumers could not be excluded from the resale price when applying the deeming rule that treats a resale as the first sale once the resale price exceeds the prescribed margin over purchase price. The court held that the actual resale price had to be used, so the surcharge remained part of the computation and the resale crossed the statutory threshold. It further held that the surcharge formed part of the statutory sale price because the definition covered valuable consideration and related sums, including taxes and duties payable before delivery. The levy on the resale was therefore not impermissible double taxation. en-us Thu, 03 May 2001 00:00:00 +0530 Thu, 19 Dec 2013 18:34:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=160547 A surcharge collected from consumers could not be excluded from the resale price when applying the deeming rule that treats a resale as the first sale once the resale price exceeds the prescribed margin over purchase price. The court held that the actual resale price had to be used, so the surcharge remained part of the computation and the resale crossed the statutory threshold. It further held that the surcharge formed part of the statutory sale price because the definition covered valuable consideration and related sums, including taxes and duties payable before delivery. The levy on the resale was therefore not impermissible double taxation. Case-Laws VAT and Sales Tax Thu, 03 May 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=160547