1956 (4) TMI 29 - HC - VAT and Sales Tax

Summary

Issues:
- Whether the town duty paid on goods imported into the city of Bombay should be added to the sale price.

Analysis:
The central issue in this case was whether the authorities were justified in including the town duty paid on imported goods in the sale price. The company dealt with cement at a controlled rate and charged sales tax and town duty in their bills. The Control Order allowed the addition of local taxes and sales tax to the controlled price. The argument presented relied on a decision from the Andhra High Court, which stated that sales tax collected from customers should not be included in the net turnover. However, a contrary view was taken by the Tribunal in a previous case, emphasizing that any amount charged by a dealer as consideration for goods sold constitutes the sale price. The Tribunal held that sales tax paid by the purchaser to the dealer is part of the consideration of sale, forming part of the sale price.

In various cases, including Messrs. Kaniram Jankidas v. The State of Bihar and Sri Sunderarajan and Co. Ltd. v. The State of Madras, courts have supported the inclusion of amounts collected as sales tax in the taxable turnover of a dealer. The Madras High Court, in Deputy Commissioner of Commercial Taxes v. Krishnaswami Mudaliar, endorsed the view that taxes affecting the price demanded by the seller do not alter the fact that the tax is part of the price paid by the buyer. English cases cited in the judgment further emphasized that taxes, whether purchase tax or customs duty, are considered part of the price paid by the buyer. The decisions collectively support the position that the town duty should be included in the sale price.

Based on the legal precedents and interpretations discussed, the High Court upheld the view taken by the authorities below and dismissed the application. The judgment reaffirmed that the town duty paid on imported goods should be considered part of the sale price, in line with the principles established in previous cases. The application was therefore dismissed, confirming the correctness of including the town duty in the sale price.