1988 (6) TMI 326 - HC - VAT and Sales Tax

Summary

Issues Involved:
The issue involves whether the excise duty component can be included in the sale price for the purposes of the Central Sales Tax Act and be brought to tax.

Comprehensive Details:

The respondent-assessee, a cable manufacturer, had the excise duty included in their turnover for certain assessment years under the Central Sales Tax Act. The Central Government's "Supplementary Cash Assistance Scheme" was in force during this period, providing benefits for exports. The scheme allowed for the drawback of customs and central excise duties, which was relevant to the case. The Tribunal examined the inclusion of excise duty in the sale price and turnover of the assessee, considering the scheme's provisions.

The Tribunal observed that the excise duty was initially added to the sale price but then deducted due to the likely reimbursement under the Supplementary Cash Assistance Scheme. The question arose whether the excise duty component should be part of the sale price or turnover. The definitions of "turnover" and "sale price" under the Central Sales Tax Act were crucial in determining this. The Tribunal concluded that the excise duty component should not be included in the turnover as it was reimbursed under the government scheme, not on behalf of the purchaser.

The Court upheld the Tribunal's decision, stating that the excise duty was not collected from the purchaser and the reimbursement under the scheme was for broader industry interests, not specifically for the purchaser. Therefore, the excise duty component was not to be included in the turnover of the assessee. The tax revision case was dismissed, with no costs awarded.