1978 (3) TMI 194

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....has been set out by the Appellate Tribunal in paragraph 9 of its order as follows: "..... Here, according to the appellants, their customers are contracting with them for the supply of some specified goods for certain consideration. But, due to convenience, the actual consideration is not fixed on the date of sales, as goods are supplied in piecemeal during the course of 1 or 2 years, and there is a written agreement by the customers to pay the supplementary bills to meet the increase in price of finished goods consequent on the increase in prices of the raw materials. So, at the time of delivery of the goods, the actual sale price is not fixed by the appellants to their customers, but they are only collecting a tentative figure as the s....

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....re of the view that the assessing officer is justified in including these amounts due to them under price variation bills in their taxable turnover for the year under assessment." We have to go by these facts stated by the Appellate Tribunal in its order, especially as the statement reflects what was stated to the Tribunal by the assessee, and also in view of the fact that the contract itself, or other records to evidence the same, have not been produced or made available in the case. It is, therefore, seen that there was a price variation clause in the contract, and that at the time of the delivery of the goods the actual price is not fixed, but only a tentative amount is collected as sale price, the amount being finally settled on a la....

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....unt consequent on price variation can be assessed as the sale price receivable for the year 1966-67 and again as the amount actually received in 1967-68 or subsequent years. No such double taxation of the same turnover has been shown to have actually resulted, either with respect to the order which is under revision in T.R.C. No. 50 of 1977 or with respect to the one in revision in T.R.C. No. 49 of 1977. We are in the circumstances unable to entertain or accept this argument. 2.. We may also point out that the definition of "sale price" in section 2(h) of the Act again brings out the idea that the amount "Payable" to the dealer as consideration for the sale of goods also constitutes "sale price", as much as the amount actually paid. The ....