2017 (1) TMI 1304

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....vision by the Revenue, questions the opinion expressed by the Trade Tax Tribunal, while allowing the assessee's appeal, holding that there existed separate contracts for sale of ballast, its transportation and stacking, and therefore, the department was not justified in treating it to be a composite contract and assessing the turnover. The revisionist contends with reference to the contract aw....

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....e State has placed reliance upon the decision of the Apex Court in M/s India Meters Limited Vs. State of Tamil Nadu, reported in 2010 U.P.T.C.-1309, para Nos. 18 and 19 of the report are relied upon which reads as under:- "18. It is no doubt true that Rule 6(c) of the Rules permits deduction of the cost on freight while determining the taxable turnover. However, that provision must be rea....

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....t for which goods are bought or sold. It is, therefore, the amount for which the goods are bought or sold, which form part of the turnover, and a thing can be said to be sold only when the transaction falls within the scope of the definition of "sale"." It is stated that the tribunal has misconstrued the terms of contract itself, and therefore, the view taken by the tribunal, cannot be sustaine....

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....een accepted and the tax has been levied on the freight charges, etc. also. 7. In the case of M/s. India Meters Limited Vs. State of Tamil Nadu (Supra) it has been held by the Apex Court that where the supply is FOR destination under the contract the ownership of the goods remained with the supplier till they are delivered at the destination station, the amount of freight and insurance ch....