9911796707
TMI Blog1997 (8) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... the benefit of the formula set out in section 8-A(1)(a) of the Central Sales Tax Act, 1956. 2.. The Tribunal and the authorities below have found that the invoice issued by the assessee to its customer includes the statement that the Central sales tax will be absorbed by the assessee. The invoice does not show a break up of the sale price and the amount collected by way of Central sales tax. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reads as under: Section 8-A: Determination of turnover.-(1) In determining the turnover of a dealer for the purposes of this Act, the following deductions shall be made from the aggregate of the sale prices, namely: (a) The amount arrived at by applying the following formula: rate of tax x aggregate of sale prices ------------------------------------ 100 plus rate of tax Provided tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amount of the tax, thought not separately shown. By making the statement that the tax element is included, the assessee was precluded from claiming the amount of the tax from the buyer at any subsequent stage. 7.. The assessees are entitled to the benefit of the formula set out in section 8-A(1)(a) unless their case falls within the ambit of the proviso. That proviso can be invoked by the Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee collects a specified sum from its buyer as the consideration for the sale, and adopts that figure as the basis for computing its turnover, and the amount received, if any, towards sales tax is neither shown nor deducted from the turnover so computed, the assessee is entitled to the deduction provided for in clause (a) of section 8-A(1). The object of this provision is to enable the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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