TaxTMI 
TaxTMI 
2001 (9) TMI 925
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....er and S. Balakrishnan, Senior Advocates. Harish N. Salve, Solicitor-General of India. Mukul Rohtagi, Additional Solicitor General of India. R.L. Ramani, N. Prasad, K.K. Mani, C.N. Sreekumar, Ms. Deepa, Ms. Revathy Raghavan, Ms. Shweta Garg and Ms. Rekha Pandey, Other Advocates. -------------------------------------------------- Civil Appeal Nos. 6....
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....dustrial pool account in cases where the retention price of the appellant is more than the sale price (equivalent to ex-refinery price) received from the oil companies. 3.. Under the Tamil Nadu General Sales Tax Act, 1959, sales tax is payable on the sale of all kinds of mineral oils as per the Schedule. The point of levy of tax is at the point of first sale in the State. Explanation I after it....
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....ing the year 1988-89. Similarly on sales made to IOCL for the years 1984-85 and 1986-87, no tax was levied thereon. It is not in dispute that on the sales made by IOCL, sales tax is leviable. 5.. What is proposed to be done now pursuant to the notice which has been issued is to include in the turnover the amount received by the appellant from the compensation pool. It is the case of the appella....
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....ate, tax being levied only at that point. 6.. It seems that the Tribunal has not gone into this aspect. The position in law being thus clear, namely, that any money received either from the Indian Oil Corporation Ltd. or from the compensation pool which is relatable to the sales made by the appellant to IOCL, is not to be included in the taxable turnover as it is not to be regarded as the first....