STATE OF ANDHRA PRADESH Vs. BIO TECH PHARMA

JUDGEMENT

(1.) THESE Tax Revision cases arise out of T.A. No. 204/96, T.A. No. 494/96, T.A. No. 492/96 and T.A. No. 89/96 respectively. The brief facts of the case are as follows:

(2.) THE question therefore is whether the price at which the Biological E. Limited sold the goods in the open market should be taken into account for the purpose of determining the tax payable by the assesses. As pointed by the Tribunal there is no provision in the Sales Tax Act enabling the authorities to take into account the price on which the goods sold by the related person in the open market. Therefore the Tribunal is right in holding that the assessee cannot be subject to tax at the price at which the goods were sold by its distributor in the open market. We agree with the view expressed by the Tribunal. In the result, these four T.R.Cs. are accordingly dismissed. No costs.