9911796707
TMI Blog1998 (9) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... he order of assessment dated May 19, 1994 under section 12(3) of the Act. The assessing authority levied TOT at 1.75 per cent on the purchase turnover of raw bathies from the unregistered dealers within the State of Karnataka in a sum of Rs. 30,00,000. Aggrieved by the order of assessment, petitioner filed an appeal before the Joint Commissioner of Commercial Taxes (Appeals) which was dismissed. Further appeal filed before the Tribunal met the same fate. 4.. Act provides for levy of sales tax. The charging section is 5B. Section 6 provides for levy of purchase tax on a dealer who in the course of his business purchases any taxable goods on which no tax under section 5 is leviable on the sale price of such goods. In addition to the sales tax and purchase tax, section 6B provides for the levy of TOT depending upon the "total turnover" in an year. In case, total turnover exceeds a particular amount which has varied from time to time (at the relevant time it was Rs. 10,00,000), then, the dealer is required to pay TOT as provided in this section whether or not the whole or any portion of such turnover is liable to tax under any provision of the Act. Section 8A empowers the Government t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pay tax as determined after making such deductions from his total turnover and in such manner as may be prescribed, but shall not include the turnover of purchase or sale in the course of inter-State trade or commerce or in the course of export of the goods out of the territory of India or in the course of import of the goods into the territory of India; (u-2) 'total turnover' means the aggregate turnover in all goods of a dealer at all places of business in the State, whether or not the whole or any portion of such turnover is liable to tax, including the turnover of purchase or sale in the course of inter-State trade or commerce or in the course of export of the goods out of the territory of India or in the course of import of the goods into the territory of India; (v) '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, whether for cash or for deferred payment or other valuable consideration. Proviso, explanation.........." 8.. Section 6B dealing with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) all amounts allowed to purchase in respect of goods returned by them to the dealer when the goods are taxable on sales provided that the goods were returned within a period of six months from the date of delivery of the goods and the accounts show the date on which the goods were returned and the date on which and the amount for which refund was made; (b) all amounts received from the sellers in respect of goods returned to them by the dealer, when the goods are taxable on the purchase value provided that the goods were returned within a period of six months from the date of delivery of the goods and the accounts show the date on which the goods were returned and the date on which and the amount for which refund was received; (xi) such amounts towards labour charges and other like charges not involving any transfer of property in goods, actually incurred in connection with the execution of works contract, or calculated at the rates prescribed: Provided further that, save as otherwise provided in this sub-section, no other deduction shall be made from the total turnover of a dealer for the purposes of this section: Provided also that no tax under this section shall be paya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act, the same have to yield to the latter, and the provisions contained under the Act will have an overriding effect. The 'total turnover' as defined under section 2(u-2) of the Act, as noticed above, is not dependent on any mode of computation to be provided by the rule-making authority. On a proper construction it can well be held that rule 6 of the Rules had to be engrafted in order to work out 'taxable turnover' as defined under section 2(u-1) of the Act and the total turnover as worked out therein is only a step in-aid for ultimate computation of taxable turnover. The expression 'the total turnover of a dealer, for the purpose of the Act, shall be the aggregate' as used in rule 6 can by no rule of construction be held as intending to override the definition of 'total turnover' as defined under the Act. The rule of harmonious construction clearly suggests that the determination of total turnover under rule 6 is meant only for the purpose of determining taxable turnover and nothing more." 11.. From the above, it is clear that expression "total turnover" as used in section 5(6) of the Act will have the same meaning as under section 2(u-2) of the Act but for determining th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
