2008 (8) TMI 857 - HC - VAT and Sales Tax

Summary

Issues involved: Assessment of turnover including freight amount in coal business for the assessment year 1993-94.

Summary:
The High Court of Allahabad heard a revision against the Tribunal's order in Second Appeal No. 224 of 1997 regarding the assessment year 1993-94. The dealer, involved in the coal business, had their account books rejected by the assessing officer, which was partially modified in appeal by the first appellate authority. The Tribunal excluded a specific freight amount from the turnover, citing separate billing for freight charges. The Tribunal's decision was based on previous court cases and reduced the average selling price of coal. The revision raised questions regarding the legality of excluding freight from taxable turnover, examination of the case in light of previous court observations, and the substantial reduction in selling rate without proper basis.

The main contention was whether the freight amount should be included in the turnover, with the standing counsel arguing that the dealer purchased coal as a principal, not as an agent. The controversy was found to be covered by previous court decisions, establishing that the dealer was a principal and thus, the inward freight should be part of the turnover. Distinctions were made from previous cases where the dealer acted as an agent. The High Court found the Tribunal's order indefensible and set it aside, ruling in favor of including freight in the turnover and restoring the selling rate of coal fixed by the first appellate authority at Rs. 900 per metric ton.