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february 2018

Supreme Court of India · 2018-02-23

M/S Universal Cylinders Limited vs The Commercial Taxes Officer

Citation / case number
AIR 2018 SUPREME COURT 1187
Court
Supreme Court of India
Petitioner
M/S Universal Cylinders Limited
Respondent
The Commercial Taxes Officer
Author
Deepak Gupta
Bench
Deepak Gupta, Madan B. Lokur

Judgment text excerpt

The Supreme Court ruled that under Section 2(39) of the Rajasthan Sales Tax Act, 1994, the term 'sale price' includes the amount actually received by the dealer, and thus, the appellant-assessee is entitled to a refund of sales tax paid on the excess amount charged due to a provisional price adjustment. The Court held that the Assessing Officer's rejection of the refund claim was incorrect as the tax paid on the excess amount should not be counted in the total turnover. Consequently, the appeals were allowed in favor of the assessee, reversing the decisions of the lower authorities.

M/S Universal Cylinders Limited vs The Commercial Taxes Officer · Niyam