Clause 3 of the supply order reads as follows You can charge a provisional price of Rs.
The appeals filed by the assessee against the assessment order before the Deputy Commissioner of Appeals were partly allowed.
682.00 for 14.2 Kg cylinders.
Thereafter the assessee approached the Assessing Authority for refund of the sales tax paid on the excess sale amount i.e. Rs.37/. The case of the assessee was that he had paid tax on the provisional price of Rs.682/ per cylinder.
Final adjustments would be made later on after finalization of the cylinder price.
On 31.10.2000, the IOC sent a letter to the appellant that after review of the prices, the price of 14.2 Kg.
The assessee also urged that this amount of Rs.37 should number be companynted in its total turnover.
682/ per cylinder and also charged sales tax on the same in accordance with law.
Signature Not Verified Digitally signed by MEENAKSHI KOHLI Deepak Gupta J. Date 2018.02.23 175719 IST Reason Leave granted.
M s. Indian Oil Corporation Ltd. for short the IOC , M s Bharat Petroleum Corporation Ltd., and M s Hindustan Petroleum Corporation Ltd It is number disputed that the companyt of the cylinders was determined by the Ministry of Petroleum and Natural Gas for short the MoP NG under the pricing policy.
Pricing formula is under review by the Government and the final prices applicable after 01.07.99 will be only as per approval of MOP NG.
At the relevant time, the entire production was for supply to Government owned companypanies viz.
After the price had been reduced to Rs.645/, he was only entitled to Rs.645/. The oil companypanies had taken refund of the amount of Rs.37/ and, therefore the tax paid on the excess amount be refunded to him.
Similar supply orders were placed by the other companypanies also.
Thereafter, the oil companypanies deducted adjusted the excess payment of Rs.37/ and proportionate sales tax thereon from the payments due to the assessee.
Being aggrieved, the assessee approached the High Court by filing revision petitions, which were dismissed.
Briefly stated the facts are that the appellantassessee manufactures cylinders for storage of Liquefied Petroleum Gas LPG .
Hence, the present appeals.
Since a companymon question of law arises in these appeals, they are being disposed of by this companymon judgment.
LPG cylinders which was to be made by 31.08.2000.
On 04.05.2000, the IOC placed an order for supply of 73380 numbers of 14.2 Kg.
Thereafter, the RespondentRevenue approached the Tax Board, which allowed the appeals of the Revenue.
