TMI Blog1996 (1) TMI 401X X X X Extracts X X X X X X X X Extracts X X X X ..... M/B) of 1993 relates to the assessment proceedings for the year 1991-92. Writ Petition No. 79(M/B) of 1993 pertains to the assessment proceedings for the year 1992-93 whereas, Writ Petition No. 1552(M/B) of 1994 relates to the assessment proceedings for the years 1985-86 to 1990-91. The question raised is whether the subsidy allowed on fertilizer by the Central Government is liable to be included in the "turnover " as defined in section 2(i) of the U.P. Sales Tax Act, 1948. We have heard the learned counsel for the petitioners as well as learned Standing Counsel for the opposite parties and have perused the records carefully. The learned counsel for the petitioners in the present cases have sought a writ of mandamus restraining the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra Pradesh High Court, it was held by this Court that the subsidy given by the Government of India could not be covered within the definition of turnover as defined under section 2(i) of the U.P. Sales Tax Act now Trade Tax Act which is substantially the same as given in the Andhra Pradesh General Sales Tax Act. The learned Standing Counsel has argued before this Court that the judgment delivered by this Court cannot be held to be good law in view of the definition given in the new Act. According to the learned Standing Counsel the definition given in the Andhra Pradesh General Sales Tax Act does not tally with the definition given in the U.P. Sales Tax Act, now Trade Tax Act. According to the learned Standing Counsel in the definition gi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dia directly and the rate of subsidy is decided by the Government on the basis of costs of manufacture of fertilisers including cost of capital. In the present case the word "sale" has also been defined in section 2(xxi) of the U.P. Sales Tax Act (Trade Tax Act) as meaning every transfer, whether in pursuance of a contract or not, of the property in goods by one person to another in the course of trade or business for cash or for deferred payment or for other valuable consideration. The sale of goods is a contract whereby, the seller transfers or agrees to transfer the property in goods to the buyer for a price as defined in the Sale of Goods Act, 1930. In the present case, the price which is agreed to be paid is between the purchaser and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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