2006 (11) TMI 586 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether excess price collected due to exchange rate fluctuation forms part of sales turnover.
2. Assessment of price variation under Section 19A of the KGST Act.
3. Disallowance of exemption claimed under Section 5(2) of the CST Act on supply of imported goods.

Analysis:
1. The primary issue in this case pertains to whether the excess price collected by the petitioner due to exchange rate fluctuation and customs duty variation forms part of the sales turnover. The Tribunal confirmed that the price escalation is directly recovered by the seller from the purchaser and is attributable to the sale of goods. The court upheld the Tribunal's findings, stating that the price difference received is based on a provision in the contract of sale and is assessable as sales turnover under the Act.

2. An alternative question raised was regarding the assessment of price variation received in a previous year and whether it should be assessed separately in the year it is received. Section 19A of the KGST Act mandates that price escalation received should be assessed in the year it is received. The court directed the assessing officer to verify if any part of the turnover, including price escalation, was assessed in a prior year and confirmed the assessment for both years.

3. The issue of disallowance of exemption claimed under Section 5(2) of the CST Act on the supply of imported goods was raised. The Tribunal disallowed the exemption due to lack of evidence provided by the petitioner. The court noted that crucial documents such as the contract between the parties and bill of entry were not furnished, which could have substantiated the claim for exemption. The court allowed the petitioner an opportunity to produce necessary documents before the Tribunal for reconsideration.

In conclusion, the sales tax revisions related to the price escalation clause were dismissed, while other issues were remanded to the Tribunal for further consideration based on the court's observations and directions.