Skip to content

HC : Customs duty on imports not includible in “purchase price” for calculating set-off reduction

Bombay HC holds that customs duty paid on purchases which take place in course of import of goods into territory of India cannot be included in “purchase price” as defined u/s 2(22) of Bombay Sales Tax Act, for purpose of reduction in set-off under Rule 41D of Bombay Sales Tax Rules; Notes that the term “purchase” has been defined in Section 2(28) with reference to definition of “sale”, and thus, for the purposes of BST Act, is a purchase within the State; On a conjoint reading of Sections 3 (registration liability), 9 (turnover tax), 15AI (additional tax) & 75 (sales & purchases not liable to tax) of BST Act, it is clear that if situs of inter-state purchases and imports is not within State, then such purchases doe not qualify u/s 2(28); Hence, it logically follows that the term “purchase price” would not apply to purchases that take place in course of import / export, holds HC; Refers to preamble of BST Act to remark that same is a State legislation and does not have extra-territorial jurisdiction and accordingly, upholds Sales Tax Tribunal order  : Bombay HC
 
Share this:TwitterFacebookLike this:Like Loading…