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.