1998 (11) TMI 621

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....e dealer against a common order dated April 4, 1990 passed by the Sales Tax Tribunal, Ghaziabad on the dealer's Second Appeal Nos. 356 and 357 of 1989 for the assessment years 1984-85 and 1985-86. 2.. I have heard Sri Rajesh Kumar, learned counsel for the revisionist, and Sri B.K. Pandey, learned Standing Counsel. 3.. The controversy raised in these two revision petitions is whether the insuranc....

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....t of the delivery of the goods but is inseparable part of the value of the goods and forms part of the turnover as defined in the U.P. Sales Tax Act. The "turnover" has been defined in section 2(i) of the U.P. Sales Tax Act, 1948. The relevant portion is as under: "(i) 'turnover' means the aggregate amount for which goods are supplied or distributed by way of sale or are sold, by a dealer, either....

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....insurance charges realised from the customers do not form part of the turnover. Another learned honourable Judge of this Court in the case of Eicher Goodearth Ltd. v. Commissioner, Sales Tax, U.P. [1995] 99 STC 130; 1996 UPTC 17 has also taken a similar view. The learned Standing Counsel, however, placed reliance on the assessee's own case Hyderabad Asbestos Cement Products Ltd. v. State of Andhra....

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....e revisionist has annexed to the revision petitions, a copy of the bill which shows that after arriving at the total dues in respect of the price of the goods and the sales tax payable thereon, the insurance charges have been separately added. Therefore, in terms of the two judgments referred to above, the insurance charges will not form part of the turnover. Sub-clause (1) of Explanation II exclu....