Section 8 in Daman and Diu Value Added Tax Regulation, 2005
8. Adjustments to tax.
(1)The provisions of this section shall apply -(i)where, in relation to the sale of goods by any dealer -(A)such sale has been cancelled; or(B)the nature of such sale has been varied or altered; or(C)the consideration agreed for such sale has been altered by agreement with the recipient, whether due to the offer of a discount or for any other reason; or(D)the goods or part of the goods sold have been returned to the dealer; or(E)the whole or part of the price payable by the buyer for the purchase of the goods has been written-off by the dealer as a bad debt; and(ii)the dealer has, in relation to the sale of goods, -(A)provided a tax invoice in relation to such sale and the amount shown therein is not the tax properly chargeable on that sale; or(B)furnished a return in relation to such sale and has accounted for an amount of tax on that sale which is not the amount properly chargeable on that sale.(2)Where a dealer has accounted for an amount of tax improperly charged as referred to in sub-section (1), the dealer shall make an adjustment in calculating the tax payable in the return for the tax period during which it has become apparent that the tax is improperly charged.(3)If the tax payable in relation to the sale referred to in sub-section (1), exceeds the tax actually accounted for by the dealer, the amount of the excess tax shall be deemed to accrue during the tax period in which the adjustment is made, and such excess tax shall not be attributable to any earlier tax period.(4)If the tax actually accounted for exceeds the tax payable in relation to the sale referred to in sub-section (1), the amount of shortfall in tax shall be reduced from the tax payable by the dealer during the tax period in which the adjustment is made, and such shortfall in tax shall not be attributable to any earlier tax period.(5)Where a dealer sells goods which have been used -(a)partly for making the sales subject to tax under this Regulation or sales not liable to tax under section 7; and(b)partly for other purposes,the amount of tax on the sale of the goods shall be the higher of the following : -(i)A - (A x B / C); or(ii)A - B;whereA = the tax for which the dealer shall be liable in respect of the sales other than the tax liability arising under this section;B = the amount by which the tax credit of the dealer in respect of the goods was reduced under sub-section (4) of section 9;C = the amount of the tax credit before reducing tax credit under sub-section (4) of section 9.
