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2016 (2) TMI 1016 - GAUHATI HIGH COURTValuation - transport subsidy to be included in the turnover, for assessment to tax or not? - Held that: - reliance was placed in the case of E.I.D. Parry (I) Ltd –vs- Assistant Commissioner of Commercial Taxes, [1999 (12) TMI 708 - SUPREME COURT OF INDIA], where the Supreme Court opined that transport subsidy was part of the consideration and it can be regarded as the component of the purchase price - the refund of transport subsidy to the petitioner is only by way of an incentive and such refund in our considered opinion will not warrant exclusion of the freight charge paid by the petitioner, to determine the purchase price for the purpose of assessment to tax. Petition dismissed - decided against petitioner.
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