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    <title>2004 (8) TMI 744 - KARNATAKA HIGH COURT</title>
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    <description>Excess payment by a sugar factory over the statutory minimum price fixed by the Central Government could not be treated as part of the sugarcane purchase price for turnover purposes where it was made only on State Government advice and no proved agreement showed a higher contractual price. The governing principle applied was that, absent statutory or contractual compulsion creating a higher purchase price, amounts paid above the fixed price do not automatically form part of sale consideration or taxable turnover. Payments made merely as advance or under governmental advice, without a contractual basis, were distinguished from consideration under the sale contract. On that reasoning, the State Advised Price was excluded from the assessee&#039;s turnover.</description>
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    <pubDate>Mon, 02 Aug 2004 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=281967</link>
      <description>Excess payment by a sugar factory over the statutory minimum price fixed by the Central Government could not be treated as part of the sugarcane purchase price for turnover purposes where it was made only on State Government advice and no proved agreement showed a higher contractual price. The governing principle applied was that, absent statutory or contractual compulsion creating a higher purchase price, amounts paid above the fixed price do not automatically form part of sale consideration or taxable turnover. Payments made merely as advance or under governmental advice, without a contractual basis, were distinguished from consideration under the sale contract. On that reasoning, the State Advised Price was excluded from the assessee&#039;s turnover.</description>
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      <pubDate>Mon, 02 Aug 2004 00:00:00 +0530</pubDate>
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