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1998 Supreme(All) 990

S.L.SARAF
MODI INDUSTRIES LIMITED – Appellant
Versus
COMMISSIONER OF SALES TAX U P – Respondent


S. L. SARAF, J.

The applicant is a public limited company incorporated under the Indian Companies Act having its registered office at Modinagar, which carries on business of manufacture and sales of sugar, vanaspati, soap, paints, steel gases, distillery, lantern and electrodes, etc. The assessing authority has assessed the company on its total turnover of Rs. 39,67,00,030 only and the company has effected the said turnover and submitted that the distribution charges should be excluded from the total turnover. The authorities below have rejected claim of the applicants company and in that view of the matter, the said question has been raised by the applicant through the revision application before this Court. In order to appreciate the argument of Sri Bharat Ji Agrawal, appearing for the applicant, I set out section 2 (i) of the U. P. Trade Tax Act, 1948 along with explanation II (i) which reads as under :

" 2 (i) turnover means the aggregate amount for which goods are supplied or distributed by way of sale or are sold by a dealer, either directly or through another, on his account or on account of others, whether for cash or deferred payment or other valuable consideration.

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