9911796707
TMI Blog1975 (9) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... the AAC decided the appeal under s. 13 on 17th June, 1974, this decision was not before them for consideration. 2. Basically we analysed the facts. The appellants issued C. No. 16/6 dt. 16th Feb., 1973 for Rs. 67,032 and CN. No. 16/7 dt. 16th Feb., 1973 for Rs. 74,182.08. They claimed the deduction of both these sales returns in the assessment year 1972-73. These credit notes were issued to the District Agricultural Officer, Thanjavur. The supply leading to the sale involving the transfer of property is admitted to have been done from 11th Nov., 1971, and 19th Nov., 1971. As the sales were in 1971-72, the AO disallowed the claim on the view that it was beyond the period of six months contemplated by s. 13(5). The counsel stressed that 5(B) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eference to the year in which the goods themselves were sold. They ultimately gave the following conclusion. "………Therefore, as the Rules stood then, we are of the view that the dealer was the dealer was entitled to exclude the amount refunded from the total turnover in the year in which the refund was made". 4. The Lordships referred to the decision in 12 STC 274 in Devi Films case (1) while taking the above conclusion. Pertinent portion of this cited decision is extracted below : "………The date of the sale decides the inclusion in the assessee's assessable turnover. The date of allowance determines the exclusion from the gross turnover under r. 5(1)(b)". 5. Reference was also made to another deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same in the year in which the sale took place if the year of sale and the year of refund was different."
8. In this present appeal the sales were done on 10th Nov., 1971 and 19th Nov., 1971. CN. were passed on 16th Feb., 1973 beyond the period of 6 months indicated in s. 13(5). The appellants are consequently eligible to claim the deduction in the year in which the refund was made, as there was no possibility of preferring the claim under s. 13(5). We find that the ratio of the recent decision in TC 369/70 rendered on 11th April, 1975 squarely applies to this instant case. The appellants are therefore entitled for relief on the disputed turnover of Rs. 1,41,214.08.
9. In the result, the appeal is allowed. X X X X Extracts X X X X X X X X Extracts X X X X
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