1991 (1) TMI 396 - AT - VAT and Sales Tax

Summary

Issues:
1. Disallowance of claim of Rs. 92,428.93 as turnover of sales of coconut oil.
2. Inclusion of Rs. 5,000 in the gross turnover on the ground of sales of empty containers.

Disallowed Claim of Turnover of Sales of Coconut Oil:
The case involved a dispute regarding the deduction of Rs. 92,428.93 from the gross turnover for sales of coconut oil. The applicants argued that the coconut oil sold should be treated as hair-oil, a notified commodity under the West Bengal Sales Tax Act, 1954. The contention was based on various notifications specifying the definition of hair-oil and the nature of the commodity. The West Bengal Commercial Taxes Tribunal upheld the assessment, stating that the coconut oil sold by the applicants was primarily used as hair-oil, supporting the applicants' position. The Tribunal concluded that the coconut oil sold during the relevant period should be treated as a notified commodity, and the claimed amount should be deducted from the gross turnover.

Inclusion of Amount for Empty Containers in Gross Turnover:
The second issue revolved around the inclusion of Rs. 5,000 in the gross turnover as the estimated value of the sale proceeds of empty containers. The applicants, engaged in selling various oils, did not provide any returns regarding the disposal of the empty containers. The learned Commercial Tax Officer assessed the gross turnover, considering the estimated value of the empty containers. The Tribunal found no reason to interfere with the assessment of Rs. 5,000 towards the sale proceeds of the empty containers, affirming the inclusion in the gross turnover.

Conclusion:
The application was partially allowed, with the deduction of Rs. 92,428.93 from the gross turnover for sales of coconut oil and the affirmation of the inclusion of Rs. 5,000 for the estimated sale proceeds of empty containers. The order of assessment was modified accordingly, and the main application was disposed of with no costs awarded.