1997 (8) TMI 496

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....e up in revision against the order of the Tribunal, which has held that the assessee is entitled to the benefit of the formula set out in section 8-A(1)(a) of the Central Sales Tax Act, 1956. 2.. The Tribunal and the authorities below have found that the invoice issued by the assessee to its customer includes the statement that the Central sales tax will be absorbed by the assessee. The invoice....

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....o tax under this Act. 5.. Section 8-A deals with the determination of the turnover. Section 8-A(1)(a) reads as under: "Section 8-A: Determination of turnover.-(1) In determining the turnover of a dealer for the purposes of this Act, the following deductions shall be made from the aggregate of the sale prices, namely: (a) The amount arrived at by applying the following formula: rate of ....

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....ice that the Central sales tax will be absorbed by the assessee, makes it clear that the sale price included the amount of the tax, thought not separately shown. By making the statement that the tax element is included, the assessee was precluded from claiming the amount of the tax from the buyer at any subsequent stage. 7.. The assessees are entitled to the benefit of the formula set out in se....

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....the tax to the buyers; nor is there any compulsion on the assessee to transfer the burden of tax to the buyer. If the assessee collects a specified sum from its buyer as the consideration for the sale, and adopts that figure as the basis for computing its turnover, and the amount received, if any, towards sales tax is neither shown nor deducted from the turnover so computed, the assessee is entitl....