1989 (10) TMI 221

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d in the total turnover of the assessees their turnover relating to consignment sales and levied surcharge at 8 per cent on the ground that the total turnover exceeded Rs. 10 lakhs. For the subsequent three years, the purchase turnover of the assessees was fixed including the commission amounts received by them from their non-resident principals. These two aspects were objected to by the respondent-assessee, before the Appellate Tribunal. The Appellate Tribunal accepted the plea of the assessee and allowed the appeals filed by the respondent-assessee. Feeling aggrieved, the Revenue has come up in revisions. 2.. We heard the learned Senior Government Pleader, Mr. N.N. Divakaran Pillai. The learned Government Pleader submitted that the tur....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nd in such manner as may be prescribed, but shall not include the turnover of purchase or sale in the course of inter-State trade or commerce or in the course of export of the goods out of the territory of India or in the course of import of the goods into the territory of India; 2(xxvi) 'total turnover' means the aggregate turnover in all goods of a dealer at all places of business in the State, whether or not the whole or any portion of such turnover is liable to tax, including the turnover of purchase or sale in the course of inter-State trade or commerce or in the course of export of the goods out of the territory of India or in the course of import of the goods into the territory of India; Explanation.-Notwithstanding anything conta....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nover for a year is not less than one lakh rupees and every casual trader or agent of a non-resident dealer, whatever be his total turnover for the year; shall pay tax on his taxable turnover for that year." Section 3 of the Kerala Surcharge on Taxes Act, 1957 (Act 11 of 1957), reads as follows: "Levy of surcharge on sales and purchase taxes.-(1) The tax payable under the Kerala General Sales Tax Act, 1963, shall, in the case of a dealer whose turnover- (a) is not less than one lakh rupees but does not exceed ten lakh rupees in a year, be increased by a surcharge at the rate of five per centum, and (b) exceeds ten lakhs rupees in a year, be increased by a surcharge at the rate of eight per centum, of the tax payable for that year, and....