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[Cites 0, Cited by 0] [Section 8] [Entire Act]

State of Gujarat - Subsection

Section 8(2) in The Gujarat Value Added Tax Act, 2003

(2)Where a seller has accounted for either in the tax invoice or in the return an incorrect amount of tax as contemplated in sub-section (1), such seller shall make an adjustment in calculating the tax payable by him in the return for the tax period during which it has become apparent that the tax is incorrect. Such adjustment shall be made in the following manner, namely
(a)if the amount of tax chargeable in relation to that sale exceeds the amount of tax actually accounted for by the seller, the amount of that excess shall be deemed to be tax charged by such seller in relation to a taxable sale attributable to the tax period in which the adjustment is to be made, and shall not be attributable to any prior tax period; or
(b)The amount of tax actually accounted for exceeds the amount of tax properly chargeable in relation to that sale, such seller shall reduce the amount of tax attributable to the said tax period in terms of section 7 by that excess amount of tax :
Provided that the reduction in the amount of tax under clause (b) shall not be made-
(a)where the excess tax has been borne by the purchaser of goods, or
(b)[ if the relevant event as described in sub-section (1) has occurred subsequent to such period as may be prescribed, from the date of such sales made by the dealer] [This para (b) was substituted by Gujarat act No. 6 of 2006 Section 8]