1983 (10) TMI 278

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....present revision which pertains to the assessment year 1974-75. 2. The first grievance of the assessee is that the Tribunal erred in allowing him depreciation at 25% as against 30% to which the assessee was entitled. 3. The assessee had sold motor vehicles on hire purchase. The High Court in the case of Commissioner of Sales Tax v. M/s. Auto Sales, 1980 UPTC 383 held that there was no statut....

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....uld be included in his taxable turnover or not. 7. The assessee contends that he had realised sales tax from his customers in pursuance of the provisions of clause (b) of sub-section (2) of Section 8-A of the U.P. Sales Tax Act, which runs as follows a "Where sales tax is payable on any turnover by the dealer (including a commission agent or any of the persons mentioned in the Explanat....

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....leted) to clause (i) of Section 2 of the U. P. Sales Tax Act, the amount of tax collected by the dealer has to be included. Explanation I to clause (i) of Section 2 of the Act run as follows : Explanation I. - Any amount realised by the dealer as sales or purchase tax due or purporting to be due in respect of sales or pur-ghase of goods shall be deemed to be included in the turnover." ....

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....recovered by the assessee will not be included in the taxable turnover of the assessee. 13. The learned Additional Chief Standing Counsel appearing on behalf of the Department contends that once the amount of sales tax recovered by the assessee is included in the turnover of the assessee than unless the amount is an exempted amount or it can be allowed as deduction under Rule 44, it has to be i....