LAWS(SC)-1996-2-114

GLAXO LABORATORIES INDIA LIMITED Vs. L K SHATYE

Decided On February 06, 1996
GLAXO LABORATORIES INDIA LIMITED Appellant
V/S
L K Shatye Respondents

JUDGEMENT

(1.) This is an appeal by special leave. It impugns the judgment and order of a division bench of the Bombay High court.

(2.) The only argument before us relates to the correct interpretation of Section 18-B of the Bombay Sales Tax Act, 1953. The provision deals with the rule for granting drawback, set-off, refund, etc. It provides for the same

(3.) The High court accepted the contention of the Revenue that the deduction of I per cent of the sale price of any goods meant the sale price of the finished products. It is contended on behalf of the appellant that this was erroneous and the deduction should be of I per cent of the proportionate part of the sale price of the finished products, having regard to the tax-paid raw material utilised therein.