2017 (1) TMI 1304

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....inion 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 awarded vide order dated 19.04.2001 that ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on 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 read in the context of definition of "turnover" as al....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he 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 sustained. Learned counsel has also placed reliance on a decision o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tc. 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 charges incurred by the dealer form part of the sale price." I have heard ....