Penalty was quashed as Revenue could not treat sale price as ‘Tax Inclusive’ without Proof

State of Gujarat Vs Hindustan Coca Cola Beverages Pvt. Ltd. (Gujarat High Court) Conclusion: Penalty of Rs. 25.53 Cr. on Hindustan Coca-Cola was quashed as assessee had not collected any amount by way of sales tax during the exemption period, and the Revenue’s assumption of implicit tax collection was unsustainable. Held: Assessee-company (“Respondent”) had obtained a sales tax exemption certificate under section 49(2) of the Sales Tax Act and availed sales tax exemption on the sale of manufactured products at its plant situated at Goblej, District Kaira. It was availing the exem...