1973 (9) TMI 92 - HC - VAT and Sales Tax

Summary

Issues:
1. Treatment of excess sales tax collections as income for assessment year 1962-63.
2. Whether sales tax collections should be considered as trading receipts.
3. Method of accounting for sales tax collections and payments.

Analysis:
1. The case involved the treatment of excess sales tax collections as income for the assessment year 1962-63. The Income-tax Officer proposed to treat the excess collections as the assessee's income, while the assessee objected, claiming the sales tax collected did not form part of the sale price and that the excess had to be paid over to the Government. The Appellate Tribunal held that the sales tax collected could not be included in the taxable turnover and that the excess collections were a sort of trust fund to be handed over to the Government. The High Court disagreed with this view and held that the excess collections are trading receipts of the assessee.

2. The question arose whether the excess sales tax collections should be considered as trading receipts or whether the total sales tax collections minus the actual accrued liability should be taken as the actual trading receipts. The revenue contended that the collections minus disbursements should be taken as trading receipts, relying on a Supreme Court decision. The court agreed with the revenue's stand that the sales tax collections should be treated as trading receipts, and the amounts paid to discharge the sales tax liability should be deducted.

3. The method of accounting for sales tax collections and payments was crucial in determining the treatment of excess collections. The assessee maintained separate accounts on a cash basis for sales tax collections and payments, arguing that he collected sales tax as an agent of the Government. The court held that the assessee had adopted the cash basis for sales tax collections, and only when he paid out the amount for discharging his sales tax liability could he claim a deduction. The court relied on previous decisions to support the principle that the method of accounting adopted by the assessee determined the treatment of sales tax collections in his income.

In conclusion, the High Court held that the excess sales tax collections were to be treated as trading receipts of the assessee, and the method of accounting on a cash basis for sales tax collections and payments determined the deduction for sales tax liability in calculating the income.