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1979 Supreme(SC) 430

N.L.UNTWALIA, R.S.PATHAK
Deputy Commissioner Of Sales Tax (Law) Board Of Revenue (Taxes) , Ernakulam – Appellant
Versus
Advani Oorlikon Private LTD. – Respondent


Advocates:
K.R.NAMBIAR, Sunanda Bhandare, V.A.SEYID MUHAMMAD, Y.S.Chitale

JUDGMENT

R. S. PATHAK, J.:—This appeal by special leave raises the question whether for the purpose of computing the turnover assessed to sales tax under the Central Sales Tax Act, 1956 the sale price of goods is determined by including the amount paid by way of trade discount.

2. The assessee is a private limited company carrying on business as sole selling agent for a certain brand of welding electrodes. For the goods supplied to retailers, it charged them the catalogue price less trade discount. The catalogue price is the price which the retailer is entitled to charge the consumer. For the assessment year 1971-72, the returns filed under the Central Sales Tax Act, 1956 showed a taxable turnover of inter-State sales amounting to Rs. 8,71,624/-. This figure was derived by deducting from the catalogue price the amount of Rs. 1,06,708/- paid as trade discount by the assessee to retailers. The Sales Tax Officer refused to allow the deduction and computed the taxable turnover at Rs. 9,78,332/-. The Sales Tax Officer was of the view that the amount paid by way of trade discount could not be excluded from the catalogue price. The assessee appealed, and the Appellate Assistant Commissione










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