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2018 (3) TMI 1727

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..... The assessee is a reputed dealer, which is manufacturing and selling Medicament of different types. According to it, the medicines are manufactured out of Uttar Pradesh, and stocks are transferred within the U.P. It is from the stockyard stationed within the State that the product is ultimately sold to whole seller. Before the trade tax authorities, it was contended that the Maximum Retail Price .....

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..... se in the turnover of sales as well as consequential imposition of tax. Learned counsel for the assessee states that there is no dispute about stock transfer of Medicament from beyond the State to the stockyard in U.P., and that the mentioning of MRP is not relevant for the purposes of determination of turnover, inasmuch as the transfer is made upon the rate before the sales tax, which alone corr .....

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..... the assessee. Such figures could not have been disbelieved only because the MRP shown on the product specifies a higher rate. MRP is usually fixed/specified by the manufacturer to ensure that the product manufactured by it is sold at one rate across the State. It is not at MRP that the product is being sold by the manufacturer from its stocks situated within the State of U.P. The Tribunal, therefo .....

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