9911796707
TMI Blog2006 (5) TMI 457X X X X Extracts X X X X X X X X Extracts X X X X ..... nment of India undertaking. The KGST assessment for the year 1992-93 was completed vide annexure A order dated November 27, 1999. The assessing officer had noticed that the assessee has not included in the turnover all amounts received by way of despatch money. The said fact was noticed when the profit and loss account was verified by the assessing authority. The assessee contended before the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority and rejected the appeal. Aggrieved by the same this tax revision case has been preferred. The only question to be considered is whether the Tribunal is right in confirming the inclusion of a turnover of Rs. 8,55,664 being despatch money received by the assessee from the shipping company for early loading and despatching of ship as forming part of the taxable turnover. The assessee has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e average exceeds 1200 MT per day for the quantity in excess of this 1200 MT the contractor would be entitled to 50 per cent of the despatch money per tonne in respect of such excess. To illustrate, if during a shipping season the average rate is 1100 MT per day the contractor would be eligible for 25 per cent of the despatch money per tonne for 100 tonnes. On the other hand if the average rate is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ic provision for payment of despatch money. In the profit and loss account of the assessee it is specifically stated that an amount of Rs. 8,55,664 was received by the assessee by way of despatch money. The burden is on the Revenue to show that the assessee had entered into any transaction which falls within the purview of the KGST Act, 1963 while receiving the despatch money. If it is an inter-St ..... X X X X Extracts X X X X X X X X Extracts X X X X
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