9911796707
TMI Blog1991 (3) TMI 382X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal by the assessee, on a turnover of Rs. 6,340 assessed at 10 per cent in the absence of proof towards consignment sales, also dismissed the enhancement petition filed by the Revenue for restoration of the assessment on the turnover of Rs. 93,249.41. The Tribunal held that the rebate allowed in the course of business was not liable to be taxed as it could not be said to form part of the sale price. In taking this view, the Tribunal had been influenced by the judgments rendered in State of Tamil Nadu v. Poly-ene General Industries [1977] 39 STC 254 (Mad.) and Deputy Commissioner (C.T.) v. South India Viscose Ltd. [1977] 40 STC 442 (Mad.). At the time when the tax case revision was filed by the Revenue it was submitted before the Bench tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he dealer as consideration for sale of any goods less the cash discount allowed according to the practice normally prevailing in the trade. Thus, it is only a deduction from the sale consideration of amount of "cash discount" which alone is specifically contemplated in the definition of "sale price" by section 2(h) of the Central Sales Tax Act, 1956 and cash discount cannot be confused with any other type of discount. But, the court cannot ignore the definition of "turnover" as contained in section 2(j) of the Central Sales Tax Act, 1956. Section 20) of the Act defines "turnover" to mean "the aggregate of the sale prices received and receivable" by the dealer in respect of sales of any goods in the course of inter-State trade or commerce ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k the view that even if a discount allowed does not fall strictly within the concept of cash discount as contemplated under section 2(h) of the Act, still the amount is capable of adjustment in the sales tax assessment provided it goes to vary the price payable in respect of the goods. That was a case also where the assessee claimed exemption in respect of the rebate given to the dealers. That judgment fortifies the view that we have taken. 3.. Thus, in view of what we have said, we find that the view taken by the Tribunal dismissing the enhancement petition on the ground that the turnover of Rs. 93,249.41 being the rebate was not liable to tax is proper and sound. The tax revision case, therefore, fails and is dismissed, but without any o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
