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TMI Blog1999 (1) TMI 504X X X X Extracts X X X X X X X X Extracts X X X X ..... mercial Taxes [1998] 111 STC 222. 2.. Regarding inclusion of stock transfer, it is contended that total turnover as referred under section 6-B has been defined under section 2(1)(u-2) which is the aggregate turnover. "Turnover" as defined under section 2(1)(v) is the aggregate amount for which goods are bought or sold or supplied or distributed or delivered or otherwise disposed of in any of the ways referred to in clause (t). Section 2(1)(t) refers to sale. But stock transfer is not included under either of these sections and therefore cannot be considered to be the total turnover for the purpose of liability of tax. Rule 6 prescribes the manner for determination of total and taxable turnover. Stock transfer by the assessee to his agent o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ax. According to this section there should be a turnover which may or may not be liable to tax. The words "total turnover" used in section 6-B is for the purpose of fixing the liability of turnover tax. The total turnover has been defined under section 2(1)(u-2) by which the aggregate turnover in all the goods is taken into consideration. The turnover may be of purchase or sale or it may or may not be liable to tax. The turnover under section 2(1)(v) is as under: "'Turnover' means the aggregate amount for which goods are bought or sold, or supplied or distributed or delivered or otherwise disposed of in any of the ways referred to in clause (t) by a dealer, either directly or through another, on his own account or on account of others, whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be liable to turnover tax. But in a case when goods have been manufactured and there is no purchase or sale turnover in respect of those goods or raw material used thereof, then there is no liability of turnover tax. 5.. The learned Government Advocate has relied upon a decision given in S.N. Guggari and Company v. Commissioner of Commercial Taxes in Karnataka [1998] 110 STC 426 (Kar) where sale by commission agent on behalf of outside members was held not liable to be deducted for the purpose of computation of total turnover. In that case there was turnover by commission agent of sale and therefore the deductions provided under rule 6 was held not applicable. The judgment therefore does not solve the controversy raised in the present cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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