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2017 (7) TMI 582 - MADRAS HIGH COURTValuation - includibility - whether freight, cylinder charges and handling charges were required to be included in the taxable turnover of the Respondent/Assessee? - The Tribunal, examined the sale bills, which were shown to it, during the course of the hearing and thereafter, recorded a finding of fact that freight and other charges were shown separately in the sale bills - Held that: - the finding returned by the Tribunal, that the freight and other charges were shown separately, was not correct. In so far as the cylinder holding charges were concerned, the Tribunal relied upon the judgment in the case of West coast Industrial Gases V. State of Kerala, [2002 (10) TMI 743 - KERALA HIGH COURT], where it was held, that unless, it could be demonstrated that the Assessee had transferred the effective control of the cylinders to its customers, the charges collected for temporary possession of the cylinders could not be included in the taxable turnover. Appeal allowed - decided partly in favor of Revenue.
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