1971 (2) TMI 106 - HC - VAT and Sales Tax

Summary

Issues:
Challenge to the inclusion of packing material and railway freight in taxable turnover and refusal of exemption.

Analysis:
The judgment delivered by the High Court of Andhra Pradesh addressed the legality of the Commercial Tax Officer's order, which included the cost of packing material and railway freight in the taxable turnover, denying exemption to the petitioners. The petitioners, engaged in cement manufacturing, contended that the freight charges were not collected from buyers and were not part of the sale price fixed by the government. The assessing authority's decision was challenged based on the Supreme Court's ruling in a similar case. The court noted that the respondents did not dispute the facts presented by the petitioners. The bill provided as evidence clearly indicated that railway freight was not included in the sale price of cement, and the consignee was asked to pay an amount exclusive of railway freight. The court also considered a letter from the Director-General of Supplies and Disposals confirming that railway freight was not part of the turnover. Drawing parallels with the Supreme Court's decision, the court concluded that the assessing authority's inclusion of freight charges in the turnover and denial of exemption was illegal and contrary to established precedent.

Regarding the cost of packing material, the court allowed the petitioners the opportunity to appeal the assessment orders to demonstrate their entitlement to exemption for this item. Consequently, the assessments related to freight charges were quashed, and the petitioners in one specific case were deemed eligible for a tax refund if they had paid the tax related to freight charges. The court partially allowed the writ petitions without imposing costs, with the advocate's fee set at Rs. 100 in each case.