TaxTMI 
TaxTMI 
2013 (10) TMI 1288
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....he Tribunal") in T. A. Nos. 1023, 1024, 1040 and 1041 of 2002. 2. In all these revision cases though five questions of law have been raised for consideration of this court, at the time of hearing the learned senior counsel Sri S. Ravi appearing on behalf of Sri Sudhir Kumar, would submit that only question No. 4 alone may be answered and that he is not pressing question Nos. 1, 2, 3 and 5. Accordingly, we proceed to consider question No. 4, which reads as under: "Whether the Tribunal is correct in finding that the value of free issue materials used in the manufacture of sleepers and included in the assessable value would form part of turnover of the manufacturer under section 2(1)(s) of the Act?" 3. The revision petitioner is an in....
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....what is received by the appellant is HTS wire and inserts and what are given back are not inserts and wire but cement concrete railway sleepers which are different commercial commodities". 5. In the above circumstances, the above referred question of law is raised by the petitioner for our consideration. 6. The learned senior counsel appearing for the petitioner would submit that for the purpose of levy of tax, the gross turnover of the dealer cannot be the basis in arriving at the sale price, the cost of free issue material that was included in the invoice had to be deducted. He would further submit that the cost of free issue material was added in invoice only for the purpose of complying with the excise laws, but for the purpose of....
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....oods. It comprises of the amount which the dealer himself has to pay for the purchase of the goods, the expenditure, which he is to incur for transporting the goods from the place of purchase to the place of sale, the duties, if any, levied on the particular goods bought by him, the octroi duty, which he may have had to pay and his own margin of profit after meeting handling charges including interest on the capital invested. The cost price of the goods actually paid by him under various heads of accounts would no doubt constitute the consideration for which he would part with his title to the goods. The entire amount of consideration, including the sales tax component, which the purchaser pays, would constitute the price of goods. To this ....
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....two parts. The first part covers the normal sale and the second part covers deemed sales. In the present case, we are concerned with sale of auto components to the buyer. It is a normal sale. The aggregate amount for which these auto parts/ components are sold constitutes the turnover relating to such sales within the meaning of turnover in section 2(i). Therefore, it is on such turnover that liability of tax under section 3 of the 1948 Act has to be determined. Therefore, sales tax or trade tax under the 1948 Act is leviable on sale, whether actual or deemed, and for every sale there has to be a consideration. 23. On the other hand, excise duty is a levy on a taxable event of 'manufacture' and it is calculated on the 'value&....
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....notional additions cannot be read into clause 5.1 and clause 5.2 of the general agreement for purchase of parts dated July 31, 1997." 7. On the other hand the learned Government Pleader Sri Balaji Varma placed reliance on the judgment of the Division Bench of this court in W.P. No. 292 of 2007 and batch, dated October 3, 2012 (Raghavendra Presteress Products Private Limited v. Commissioner of Commercial Taxes [2012] 56 VST 513 (AP)). 8. In para 44 of the order of the Tribunal, the fact that by reference to clauses in the agreement, Tribunal had noticed that fastenings, malleable cast iron inserts and HTS wire (standard) were supplied to the petitioner free of cost. This aspect of the matter is not in dispute. Finally, the cost price t....