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1 - 8 of 8 (1.37 seconds)Section 11 in The Karnataka Value Added Tax Act, 2003 [Entire Act]
The Finance Act, 2018
The Karnataka Value Added Tax Act, 2003
The Kerala Value Added Tax Act, 2003
State Of Kerala vs Mytheen Pillai Muhammed Kannu And Ors. on 14 March, 1996
The amendment by the Finance Act, 2008 only
clarifies the fact that the amount covered under credit notes
issued by a supplier that do not affect the input tax credit already
availed shall not be reckoned for the purpose of assessment
under the Act. This provision according to me cannot be extended
to the assessment of turnover for the purpose of payment of tax.
Of course, it could be said that there is some ambiguity to the
provision. But in so far as the liability to pay tax is on the turnover
and discount given is part of the turnover, which is clearly
indicated in Cement House (supra) and Syed Muhammed
(supra), I do not think that a different view is possible to be taken
in the matter.
Section 6 in The Karnataka Value Added Tax Act, 2003 [Entire Act]
Tenny Devassy vs State Of Kerala on 30 December, 2011
7. The learned Government Pleader places reliance upon
two judgments of this Court in State of Kerala v. Syed
Muhammed (2016 (4) KLT 462) and Tenny Devassy v. State
of Kerala decided on 13/7/2015 in O.T.Revision No.98/2012
wherein it has been held that any reimbursement of price
received by a dealer is liable to be included in his turnover
whereas the discount allowed to the customer and shown
separately is liable to be excluded. It was held that the amount
received by the assessee towards reimbursement of the balance
price, though called reimbursement of discount, is a payment in
reimbursement of balance of the price attracting Explanation VII
to section 2(lii).
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