9911796707
TMI Blog2001 (11) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... nk account of the exporter, is in effect a refund of the monies that had been paid by the exporter towards customs duty. What is refunded is only money. The amounts refunded are not traded and there is no sale of those monies. 3. The utter confusion in the mind of the assessing officer who issued the impugned pre-assessment notice proposing to levy sales tax on the sums aggregating to over two crores received by the petitioner from the Central Board of Customs as duty drawback during the years 1994-95 to 1998-99, is evident from the following paragraph in that notice: "REP licence/exim scrip patterns, trade mark, permission import licence quota sales and other goods of incorporeal and intangible character shall fall under category o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 4,95,272 1996-97 56,37,580 11% 6,20,134 ... ... 6,20,134 9,30,201 1997-98 95,52,842 11% 10,50,813 ... ... 10,50,813 15,76,220 1998-99 48,54,444 11% 5,33,989 ... ... 5,33,989 8,00,984 1998-99 1,06,010 11% 11,661 ... ... 11,661 17,492 Quota sales Total 2,41,09,264 25,33,268 69,334 31,646 26,28,249 39,42,374 Total of Tax, SC/ASC and AST due Rs. 26,28,248 Penalty at 150% due ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in section 2(r) of the Act as meaning "......the aggregate amount for which goods are bought or sold......". Even if money can be goods, it cannot form part of the taxable turnover. 6.. Permitting the proceeding to continue on the wholly erroneous and false premise that the amount of duty drawback is goods, and such alleged "goods" even though they are not the subject-matter of sale, form part of the taxable turnover, would result in needless and wholly unjustified harassment of exporters who are being encouraged to maximise their exports by granting to them, by way of incentive, drawback of the customs duty paid by them. When there is no transaction of sale and the thing sought to be regarded as goods is in fact and in law not goods, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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