9911796707
TMI Blog2014 (2) TMI 913X X X X Extracts X X X X X X X X Extracts X X X X ..... y the respondent and issued to TANFED and the goods were supplied under the Act. The Assessing Officer verified the transaction and he summarised the issue as follows: In Bill No.001, dated 30.12.1992, 24,148.500 Metric Tonnes of DAP was supplied at the cost of 6,078.85 per Metric Tonne. Sales Tax, Surcharge, cost of empty bags, stevedoring, clearing, forwarding charges and standardisation, bagging, loading and unloading charges, transport costs were added separately and 100% total value was shown as 7,170.00 per Metric Tonne. The said invoice was cancelled and thereafter, the respondent issued revised invoices in the following manner: Bill No.2/2-1-93 24148.500 MT DAP Rs.17,31,44,745.00 Bill No.3/8-3-93 24001.800 MT DAP Rs.17,20,92, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns from his total turnover and in such manner as may be prescribed;" Rule 6: Rule 6. The tax or taxes under (section 3 or 4) shall be levied on the taxable turnover of the dealer. In determining the taxable turnover, the amounts specified in the following clauses shall, subject to the conditions specified therein, be deducted from the total turnover of a dealer:- * * * * * * Rule 6(c). all amounts falling under the following three heads when specified and charged for by the dealer separately, without including them in the price of the goods, sold:- (i) freight; (ii) ..... Rule 6(c)(iii). charges for delivery." 4.1. The said plea was rejected by the Assessing Officer and demand as above was made and the appeal was preferred to the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the transactions and there is no dispute that Invoice No.5/8.3.93 is final invoice in respect of the transaction on price and quantity where the charges towards cost of empty bags, stevedoring, clearing, forwarding charges and standardisation, bagging, loading and unloading charges, transport costs, were shown separately. Therefore, the Appellate Tribunal, taking note of the subsequent agreement and the final revised Invoice and the clear indication of price with regard to cargo and other charges separately, came to the conclusion that the Assessing Officer was not correct in including the other charges towards price as of inclusive and therefore, set aside the order levying tax on Rs.2,63,32,368 at 3% and also penalty. The Tribunal also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cking and forwarding charges, transport charges, loading and unloading charges amounting to Rs.2,63,32,368/- by including it as a part of Invoice price?" Substantial Question of Law No.(1): 8. We find that the Tribunal has not committed any error as a reading of Section 2(p) of the TNGST Act makes it clear that "Taxable turnover" means the turnover on which a dealer shall be liable to pay tax as determined after making such deductions from his total turnover and in such manner as may be prescribed. 9. Rule 6 of the TNGST Rules, clearly provides that the tax or taxes under (section 3 or 4) shall be levied on the taxable turnover of the dealer. In determining the taxable turnover, the amounts specified in the following clauses shall, subje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erson or registered dealer collects any amount by way of tax or purporting to be by way of tax, in contravention of the provisions of sub- section (1), whether or not any tax is due from such person or dealer under this Act in respect of the transaction in which he collects such amount, the assessing authority may, after giving such person or dealer a reasonable opportunity of being heard, by order, in writing impose upon him by way of penalty a sum, which shall be, - (i) where the excess amount has been collected in the bona fide belief that it had to be collected, one hundred per cent of the amount collected; (ii) where the excess amount has been collected wilfully and knowing that it was not due to be collected, one hundred and fifty p ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
