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1 - 10 of 20 (1.06 seconds)Section 2 in The Essential Commodities Act, 1955 [Entire Act]
Central Wines, Hyderabad Etc vs Special Commercial Tax Officer Etc on 9 January, 1987
In Hindustan Sugar Mills Ltd. v. State of Rajasthan , the Supreme Court observed that the test to find out the sale price is what is the consideration passing from the purchaser to seller for sale of the goods and it is immaterial to enquire as to how the amount of consideration is made up. In Central Wines v. Special Commercial Tax Officer [1987] 65 STC 48, the Supreme Court held that the amount of money which goes from the pocket of the purchaser to the pocket of the seller as a condition or consideration for the passing of the property in the goods is the sale price; in other words, it is the amount, but for the payment of which, the seller would not transmit his title to the goods in favour of the purchaser and the consideration obtained by the seller from the purchaser would, in the eye of law, be the sale price regardless of what nomenclature is given to any part of the price charged. The above observations will equally apply to determine the taxable purchase turnover in this case relating to purchase of sugarcane.