1999 (7) TMI 642

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.... the order of forfeiture of Rs. 45,42,416 passed under section 18-AA of the Karnataka Sales Tax Act, 1957. Petitioner is a manufacturer of cement and provides discount, based on turnover. In the monthly returns the turnover mentioned in the invoices undergoes small reduction on account of the discount being liable to be adjusted. Even in the annual return submitted by the petitioner, the net reali....

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.... tax under this Act. The question is whether it results in collection of the amount. The word "collected" was interpreted by the apex Court in the case of R.S. Joshi, Sales Tax Officer v. Ajit Mills Limited [1977] 40 STC 497. "What does collected mean here? Words cannot be construed effectively without reference to their context. The setting colours the sense of the word. The spirit of the prov....

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....respect of any sum collected by way of tax. From the observations of the apex Court, it may be observed that every amount for which the bill is issued could not be considered to be collected.   3.. According to the submissions of the learned counsel for the petitioner even before filing of the monthly statement of returns the credit was given and it is only the net amount payable after ded....