applicant is not entitled for compensation for any increase or decrease in the quantities of work or alterations in design, character etc., as also ... continuation of overheads and establishment charges, loss due to less business turnover and incidental and contingent expenses in chasing the final bill arc outside
B. Sailesh Saxena vs The Union Of India And Others on 4 June, 2018
Bench
from the year 2004-05 including the details of the
privilege fee, turnover and taxable income of the petitioner,
which is indicated in a Tabular ... clarity
and by comparison, the turnover of the petitioner. During the
period from 2004-05 to 2011-12, the turnover of the petitioner
has increased
falling drastically thereafter.
Meaning thereby, persons visiting Mumbai and lodging in hotels
decreased. With reference to occupancy in 5 star hotels such as Grand
Hyatt ... Renaissance, Inter
Continental Grand and Taj Lands End, he brought out the decrease in
occupancy; and hence the revenue. With reference to the balance sheet
circulating capital, they will necessarily form part of his sales turnover as
well, properly assessable to sales tax in his hands ... capital, and whatever
constitutes his circulating capital also represents his assessable sales
turnover for levy of sales tax in his hands. The real basis
arises how to determine the profit element. For
this purpose, the total turnover and percentage
of gross profit for the earlier three years was
obtained ... gross profit rate was also decreasing every year
and in the year under consideration it has
decreased to 3%. It is also an established fact
showing net profit & turnover.
Refer Annexure-1
"
3. It is not disputed and challenged that the respondent-assessee was engaged
in supplying computer ... assessment order
states that there was exponential increase in the turnover from Rs.34.36 crore in
the last year to Rs.53.43 crore
scrap has been ordered to be excluded from the total
I
turnover of the assessee for computation of deduction under Section
'80HHC ... scrap will not be
included in the profit of the business, thus, decreasing the deduction
under Section 80HHC as the numerator shall be reduced
conceded turnover of Indian-made foreign liquor and the third is the addition of 10 per cent to the purchase turnover of chicken, All these ... addition can be made only to the taxable turnover and not to the total turnover. Another contention was that the meat is exempted
year 1969-70. He, therefore, thought it fair and reasonable if the turnover as declared by the dealer for the year 1969-70 was enhanced ... turnover of the preceding year 1968-69. He accordingly set aside the order of Shri Mittal dated October 30, 1973 and enhanced the turnover returned
