9911796707
TMI Blog1996 (3) TMI 490X X X X Extracts X X X X X X X X Extracts X X X X ..... s 1988-89 which is the subjectmatter of this petition. The petitioner-assessee returned a taxable turnover of Rs. 2,92,23,990.60 for the year in question. The assessment was completed by the Sales Tax Officer. 2. This was challenged before the Appellate Assistant Commissioner, Trichur, on the ground that the assessee is eligible for reduction of tax payable on the sale of coconut oil cake to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion in tax allowable is not worked out since there is full tax collection on such sales, which tax collection is payable to Government. The tax collection and tax reduction compensates, and hence it is not considered." It would be seen that an important aspect weighed is the load against the assessee that he had already collected the amount at the rate of 5 per cent in this connection. 4. It wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of coconut oil cake sold locally. The Tribunal has considered this contention describing it to be rather strange since the tax due on the purchase turnover of copra required for the production of coconut oil will be more than the tax on the sale of coconut oil cake even at the rate of 5 per cent, finding it evident that to treat the sale of coconut oil and coconut oil cake together for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nly to coconut oil cake, it is not necessary in view of the situation of the use of conjunction "and" in the said explanation. Apart therefrom, the facet that is highlighted, as stated above by the trial authority regarding collection of the entire tax takes out the matter out of the province of "reduction". If the tax is collected by the dealer, it has to be remitted to the tax authority. In view ..... X X X X Extracts X X X X X X X X Extracts X X X X
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