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1990 (9) TMI 311

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..... : 1.. Karnataka sales tax collected Rs. 65,31,013.00 2. Sugar and paddy Rs. 1,32,80,374.00 3. Second sales of foodgrains Rs. 4,62,96,511.00 4. Government administrative charges due to Government wholesale commission of the corporation including the sales for accounting convenience but not taxable as they are not provided for in the costing sheet approved by Government. Rs. 1,62,84,802.00 ------------------ Total Rs. 8,23,92,700.00 ------------------ 2.. The assessing authority, while allowing the exemption claimed under the first three heads, declined to allow the exemption claimed under the fourth head, namely, administrative charges incurred. He recorded the reasons for disallowing the claim on the turnover of Rs. 1,62,84, .....

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..... hat the assessee-company would be entitled to claim that as an amount which could not be included in the sales or purchase turnover if it did not form part of the sale or purchase prices. Unfortunately, even according to Mr. Nagananda, who produced what he called the costing sheet of the corporation, which, among other things, secures foodgrains from various sources including growers and distributes it to different agencies, public as well as private, for distribution throughout the State and sometimes outside the State, we see with reference to purchase of paddy, the price per quintal is fixed at Rs. 74 for the financial year 1976 commencing from April 1, 1976. Transport charges to grower for delivery is included, making the price payable .....

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..... y were not produced before the assessing authority, there was no way by which the assessing authority could come to the conclusion, whether that formed the sale price on which the tax was collected or not. Separation of the amount in the books of the company would not disclose that fact. It was in that circumstance that he came to the conclusion that it was not liable for exemption, as rule 6 of the Karnataka Sales Tax Rules, which provided for the method of computation of taxable turnover, did not include such a deduction as an item to be exempted from taxable turnover. 6.. The terms "turnover", "total turnover" and "taxable turnover" are defined terms. Taxable turnover is the one which is computed in accordance with rule 6 after allowin .....

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