1994 (3) TMI 346 - SCH - VAT and Sales Tax

Presumption of service on the basis of the office report - Held that - Appeal allowed. Since there is no opposition thereto we allow the appeal in terms of the judgment Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes), Ernakulam Versus Motor Industries Co. 1983 (2) TMI 251 - SUPREME COURT OF INDIA wherein it has been held that deduction in respect of the goods returned by the purchasers must be claimed in the assessment year in which the goods were sold and not in the succeeding year.

Summary

The Supreme Court allowed the appeal in a sales tax case, following the precedent set in Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes), Ernakulam v. Motor Industries Co. The Court held that deductions for goods returned by purchasers must be claimed in the year of sale, not the following year. The appeal of the State of Maharashtra was allowed, overturning the High Court's decision.