9911796707
TMI Blog2002 (5) TMI 824X X X X Extracts X X X X X X X X Extracts X X X X ..... g sales tax under the Central Sales Tax Act, 1956? This is the short question that arises for consideration in this case. 2.. A few facts may be noticed: The petitioner is a registered dealer. It filed the return for the accounting year 1988-89. It showed a gross turnover of Rs. 19,36,45,633.20 and inter-State sales at Rs. 19,18,71,474.50. The Assessing Authority examined the matter. Vide orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on the actual amount received by the dealer for supply of goods. Any amount deducted or paid on account of delay in supply is liable to be reduced from the settled price while fixing the gross turnover. The claim made on behalf of the petitioner has been controverted by Mr. Salil Sagar, appearing for the respondents. 6.. Section 2(h) defines "sale price" as "the amount payable to a dealer as c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into account while determining the gross turnover. He places reliance on the decisions in Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes), Ernakulam v. Advani Oerlikon (P) Ltd. [1980] 45 STC 32 (SC), State of Tamil Nadu v. Indian Cable Company Ltd. [1984] 56 STC 192 (Mad.) and State of Tamil Nadu v. Alkali and Chemical Corporation of India Ltd. [1994] 92 STC 597 (Mad.). 8.. We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntire value of the contract for each week of delay or part thereof, subject to a maximum of 5 per cent of the value of the contract." 11.. A perusal of the above shows that the buyer was entitled to recover liquidated damages for delay in delivery of the goods. In other words, the dealer was liable to pay the liquidated damages at the agreed rate if it failed to supply the goods within the agr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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