9911796707
TMI Blog1990 (2) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... , under section 44(1) of the M.P. General Sales Tax Act, 1958 (hereinafter referred to as "the Act"). The following question has been referred to this Court for its opinion: "Whether, under the facts and circumstances of the case, the entire amount received by the dealer because of sale of application forms for booking of scooters can be treated as taxable turnover or only the amount retained by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,06,376 on account of sale of application forms for booking scooters. (Copy of the first appellate order is annexure C). Being further aggrieved by this order, the non-applicant dealer filed a further appeal before the Tribunal who, by its order dated May 17, 1985, set aside the enhanced taxable turnover by the Appellate Deputy Commissioner and maintained the order of the assessing authority. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Rs. 1,06,376 was remitted to the principalmanufacturer and as such, the taxable turnover in the hands of the nonapplicant was only Rs. 26,594. Accordingly the Tribunal reduced the taxable turnover by Rs. 1,06,376 which was remitted to the principalmanufacturer. (A copy of the order of the Tribunal has been marked as annexure D). 3.. The only question is as to whether the entire amount of Rs. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the sum representing Rs. 4 per application form which was remitted to M/s. Bajaj Auto Ltd., the principal-manufacturer, is concerned, it should also be deemed to be a part of the taxable turnover as being incidental to the business of the non-applicant assessee. We are unable to agree with the contention of the learned counsel. 5.. In the result, we do not find any infirmity in the order of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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