1975 (9) TMI 65

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.... assessment on 2nd Dec., 1973 and the AAC decided the appeal under s. 13 on 17th June, 1974, this decision was not before them for consideration. 2. Basically we analysed the facts. The appellants issued C. No. 16/6 dt. 16th Feb., 1973 for Rs. 67,032 and CN. No. 16/7 dt. 16th Feb., 1973 for Rs. 74,182.08. They claimed the deduction of both these sales returns in the assessment year 1972-73. These credit notes were issued to the District Agricultural Officer, Thanjavur. The supply leading to the sale involving the transfer of property is admitted to have been done from 11th Nov., 1971, and 19th Nov., 1971. As the sales were in 1971-72, the AO disallowed the claim on the view that it was beyond the period of six months contemplated by s. 1....

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....ted that r. 5A(b)(i) has no reference to the year in which the goods themselves were sold. They ultimately gave the following conclusion. ".........Therefore, as the Rules stood then, we are of the view that the dealer was the dealer was entitled to exclude the amount refunded from the total turnover in the year in which the refund was made". 4. The Lordships referred to the decision in 12 STC 274 in Devi Films case (1) while taking the above conclusion. Pertinent portion of this cited decision is extracted below : ".........The date of the sale decides the inclusion in the assessee's assessable turnover. The date of allowance determines the exclusion from the gross turnover under r. 5(1)(b)". 5. Reference was also made to anoth....