9911796707
TMI Blog2022 (1) TMI 1479X X X X Extracts X X X X X X X X Extracts X X X X ..... ven that freight/transport cost was separately reflected in the invoices on actual expenditure. No extra consideration was received by the respondent on account of cost of freight and therefore, the same is in conformity with the provisions of Section 2(36) and Section 2(h) of RVAT Act, 2003 and CST Act, 1956 respectively and will not form part of assessable value. The judgment of Hon ble Apex Court in INDIA METERS LIMITED VERSUS STATE OF TAMIL NADU [ 2010 (9) TMI 878 - SUPREME COURT] relied upon by revenue wherein it was held that, freight cost will form part of sale price, is distinguishable on following counts:- (i) The provisions of RVAT Act, 2003 and CST Act, 1956 are not pari materia to the provisions of Tamil Nadu General Sales Tax A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in India Meters Ltd. Vs. State of Tamil Nadu reported in 2010 (9) SCC 423 whereby the Apex Court has held that freight and insurance charges are held to be part of sale price. The next contention of petitioner was that the same is charged on the invoice and therefore, the same will constitute consideration as per provisions of the RVAT Act, 2003 and CST Act, 1956. 4. Per contra, the submissions of learned counsel Mr. Vivek Singhal for the respondent-company is that the Tax Board while passing the impugned order dated 05.06.2018 has categorically held in para 11 as under:- "11. इस तरह इस प्रकरण में तथ्यात& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... होता है। वेट अधिनियम की धारा 2(36) एवं केन्द्रीय अधिनियम की धारा 2(एच) निम्न प्रकार है:- Sec.2. Definitions - (RVAT Act, 2003) (36) "sale price" means the amount paid or payable to a dealer as consideration for the sale of any goods less any sum allowed by way of any kind of discount or rebate according to the practice normally prevailing in the trade, but inclusi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rguments advanced by the petitioner as well as respondent and on scanning of revision petition, we are of the view that as contained in para 11 of the impugned order specific finding has been given that freight/transport cost was separately reflected in the invoices on actual expenditure. No extra consideration was received by the respondent on account of cost of freight and therefore, the same is in conformity with the provisions of Section 2(36) and Section 2(h) of RVAT Act, 2003 and CST Act, 1956 respectively and will not form part of assessable value. The judgment of Hon'ble Apex Court in India Meters Ltd. (supra) relied upon by revenue wherein it was held that, freight cost will form part of sale price, is distinguishable on following ..... X X X X Extracts X X X X X X X X Extracts X X X X
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