Sale of Goods Act, 1930
64A. In contracts of sale, amount of
increased or decreased taxes to be added or deducted
(1) Unless a different intention appears from the terms of the contract,
in the event of any tax of the nature described in sub-section (2) being
imposed, increased, decreased or remitted in respect of any goods after the
making of any contract for the sale or purchase of such goods without
stipulation as to the payment of tax Where tax was not chargeable at the time
of the making of the contract, or for the sale or purchase of such good
tax-paid where tax was chargeable at that time,-
(a) if such imposition or increase so takes effect
that the tax or increased tax, as the case may be, or any part of such tax is
paid or is payable, the seller may add so much to the contract price as will be
equivalent to the amount paid or payable in respect of such tax or increase of
tax, and he shall be entitled to be paid and to sue for and recover such
addition; and
(b) if such decrease or remission so takes
effect that the decreased tax only, or no tax, as the case may be, is paid or
is payable, the buyer may deduct so much from the contract price as will be
equivalent to the decrease of tax or remitted tax, and he shall not be liable
to pay, or be sued for, or in respect of, such deduction.
(2) The provisions of sub-section (1) apply to the following
taxes, namely;-
(a) any duty of customs or excise on goods;
(b) any tax on the sale or purchase of goods.]