Judgment Search Results Home > Cases Phrase: karnataka value added tax act 2003 section 29 tax invoices and bills of sale Page 1 of about 1,453 results (0.274 seconds)

State of Karnataka Vs. M/S Megha Engineering & Infrastructure Limited

Court : Karnataka Dharwad

..... this sales tax revision petition has been filed under section 65 of the karnataka value added tax act, 2003 (for short, the act ) against the order passed by the learned karnataka appellate tribunal on 14.01.2016, m/s.megha engineering and infrastructure ltd. vs. ..... state of karnataka, by which, the learned karnataka appellate tribunal has held that the awarder of the contract, namely, karnataka water supply board is not government , and therefore, the running bills prepared by the board cannot be construed as tax invoices within the meaning of rule 27(2) proviso of karnataka value added tax rules, 2005 (for short, kvat rules ). ..... in duplicate, tax invoice or where he has opted to pay tax by way of composition under section 15 a bill of sale at the time of receipt of any amount including an amount paid as advance falling under explanation to sub-rule (1) of rule 3 as the consideration for transfer of property in goods involved in the execution of such works contract whichever is earlier and the original of such tax invoice or bill of sale issued shall be delivered to the person paying such amount or liable to make such payment and the copy thereof retained by the registered dealer : provided that .....

Union of India Vs. Association of Unified Telecom Service Providers of ...

Court : Supreme Court of India

..... , (2018) 2 scc756has also been relied upon where the question of computation of taxable turnover came up for consideration in the context of karnataka value added tax act, 2003, with respect to all regular trade discounts and they are allowable as permissible deductions, if proper proof is shown.112. ..... , (2017) 3 scc467 a question arose of trade discount given post issuance of tax/sale invoice, a deduction from the sale price for computing taxable turnover when the discount was not reflected in the tax invoice or bill of sale. ..... this court has considered the matter given the provisions contained in section 80j of the income tax act and has observed that capital employed has variable meanings. ..... for payment of service tax, the licensees consider the gross amount charged as derived and mandated under section 67 of the service tax act, 1994, which includes only the amount realised by the licensees and not the notional amount. ..... not only the provisions of the excess profits tax act, 1940, the business profits tax act, 1947, the super profits tax act, 1963 and the companies (profits) surtax act, 1964 but also the various provisions of the income tax act, 1961 referred to by us, clearly indicate that the word computed has been used by the legislature in sub section (1) of section 80 j as involving not only inclusion but also exclusion of items which may otherwise be regarded as falling within the expression capital employed .....

Government of Karnataka Represented by Its Principal Secretary, Financ ...

Court : Karnataka

Reported in : ILR2009KAR633

..... writ petitioners are all persons who are dealers as the expression occurs in section 2(12) of the karnataka value added tax act, 2003 [for short, the act] and also dealers who are registered under section 22 of the act.2. ..... when the penal provision of sub-section (1) of section 72 of the act is compared with the levy of penalty under the other provisions of the act itself, which provide for a lighter penalty for a greater violation, such as in the case of section 71 which provides for penalties for failing registration, section 73 -penalties in relation to unauthorized collection of tax, section 74 - penalty relating to keeping of records - section 75 penalties relating to production of records and furnishing of information - section 76 -penalties relating to tax invoices, bills of sale, credit notes and debits notes - section 77 - penalties relating to seals and to unaccounted stocks etc .....

Sonal Apparel Private Limited Vs. The State of Karnataka and Another

Court : Karnataka

..... 226 of the constitution of india praying to read down the provisions of section 10(3) of the kvat act, prior to its amendment vide the karnataka value added tax (amendment) act, 2015 at annexure-a in such a manner that the petitioner is permitted to calculate its net tax liability by deducting the input tax paid on its purchases from its output tax liability irrespective of the month in which the selling dealer raises invoices or in the alternative and etc;) 1. ..... that the underlying basis for the substitution, as stated in the statement of objects and reasons for the 2015 kvat amendment act, is as follows; it is considered necessary to amend the karnataka value added tax act, 2003 to give effect to the proposals made in the budget and matters connected therewith and specifically to, (iii) provide for claim of input tax rebate of preceding tax periods in the return filed for the subsequent tax period, if input tax rebate was not claimed in the relevant ..... karnataka sales tax act, 1957 (hereinafter referred to as the kst act , for brevity) which was the predecessor to the kvat act, provided for the levy of tax on sales of goods in the state of karnataka ..... ), a division bench of this court held that nowhere in the act has it been stated that the input tax credit should be claimed in the month in which the date of the invoice of the supplier/vendor falls or the purchasing dealer has to claim input tax credit in the same period in which the bills have been raised by the selling dealer. .....

Sonal Apparel Private Ltd., Vs. The State of Karnataka

Court : Karnataka

..... provisions of 15 section 10(3) of the kvat act, prior to its amendment vide the karnataka value added tax (amendment) act, 2015 at annexure-a in such a manner that the petitioner is permitted to calculate its net tax liability by deducting the input tax paid on its purchases from its output tax liability irrespective of the month in which the selling dealer raises invoices or in the alternative and etc; these writ petitions having been heard and reserved on 24.02.2016 and w.p.nos.11249 ..... basis for the substitution, as stated in the statement of objects and reasons for the 2015 kvat amendment act, is as follows; it is considered necessary to amend the karnataka value added tax act, 2003 to give effect to the proposals made in the budget and matters connected therewith and specifically to, (iii) provide for claim of input tax rebate of preceding tax periods in the return filed for the subsequent tax period, if input tax rebate was not claimed in the relevant tax period. ..... karnataka sales tax act, 1957 (hereinafter referred to as the kst act , for brevity) which was the predecessor to the kvat act, provided for the levy of tax on sales of goods in the state of karnataka ..... of this court held that nowhere in the act has it been stated that the input tax credit should be claimed in the month in which the date 23 of the invoice of the supplier/vendor falls or the purchasing dealer has to claim input tax credit in the same period in which the bills have been raised by the selling dealer. .....

m/s.sri Balaji Traders Vs. State of Karnataka

Court : Karnataka Dharwad

..... state of karnataka added tax act, 2003 (for short the act ), passed by the assessing authority, namely the deputy commissioner of commercial taxes (audit), haveri, on 30th june 2009, by which the additional tax, including penalty and interest of rs.10,847/- were imposed by the assessing authority for the assessment period ..... state of karnataka this strp is filed u/sec.65(1) of the karnataka value added tax act2003 against the order dated:08.08.2013 passed in sta no.1643/2012 on the file of the karnataka appellate tribunal, bangalore, dismissing the petition filed under section63of the karnataka value added tax act2003 this petition coming on for final hearing ..... to pay taxes on the basis of sales estimated on the basis of such loose slips, the assessee not only paid tax liability of rs.2,541/- assessed by the assessing authority, but also paid composition fee of rs.5,000/- as imposed upon him under section 82 of the act for the alleged offence under section 79 of the act for not issuing regular bills. ..... under section 38 of the act imposed upon him and the said tax of rs.2,541/- and compounding fee of rs.5,000/- paid, the learned assessing authority initiated the impugned re-assessment proceedings under section 39 of the act and passed the impugned best judgment assessment order for the month of september 2007 on 30th june 2009 imposing the additional tax, interest, penalty of rs.10,847/- as aforesaid, observing that the assessee was in the habit of not issuing the tax invoices with .....

M/s. Pratham Motors Private Limited, rep. by its Chief Executive Offic ...

Court : Karnataka

..... is a dealer in cars and is entitled to deduction of discounts allowed to customers in the sale price of cars after the cars were sold by issuing credit notes as authorized by rule 31 of karnataka value added tax rules, 2005 (hereinafter referred to as the kvat rules , for brevity) read with section 30 of karnataka value added tax act, 2003 (hereinafter referred to as the kvat act, for brevity), during the tax periods in 2006-2007 and 2007-2008. ..... the judgments state the obvious that as per clause (c) of sub-rule (2) of rule 3, unless the discounts are shown on the tax invoices or bills of sale, the amounts allowed as discounts are not eligible for deduction from the total turnovers ..... for deduction from the total turnover, one of the conditions prescribed in the proviso to clause (c) is that the tax invoice or the bill of sale issued in respect of the sales relating to such discount shows the amount allowed as discount, in other words, the amount allowed as discount should be shown on the tax invoice or bill of sale ..... (c) all amounts allowed as discount: provided that such discount is allowed in accordance with the regular practice of the dealer or is in accordance with the terms of any contract or agreement entered into in a particular case and the tax invoice or bill of sale issued in respect of the sales relating to such discount shows the amount allowed as discount; and provided further that the accounts show that the purchaser has paid only the sum originally charged less discount .....

M/S Pratham Motors Pvt Ltd., Vs. State of Karnataka

Court : Karnataka

..... a dealer in cars and is entitled to deduction of discounts allowed to customers in the sale price of cars after the cars were sold by issuing credit notes as authorized by rule 31 of karnataka value added tax rules, 2005 (hereinafter referred to as the kvat rules , for brevity) read with section 30 of karnataka value added tax act, 2003 (hereinafter referred to as the kvat act, for brevity), during the tax periods in 2006-2007 and 2007-2008. ..... judgments state the obvious that as per clause (c) of sub-rule (2) of rule 3, unless the discounts are shown on the tax 18 invoices or bills of sale, the amounts allowed as discounts are not eligible for deduction from the total turnovers. ..... deduction from the total turnover, one of the conditions prescribed in the proviso to clause (c) is that the tax invoice or the bill of sale issued in respect of the sales relating to such discount shows the amount allowed as discount, in other words, the amount allowed as discount should be shown on the tax invoice or bill of sale. ..... (c) all amounts allowed as discount: provided that such discount is allowed in accordance with the regular practice of the dealer or is in accordance with the terms of any contract or agreement entered into in a particular case and the tax invoice or bill of sale issued in respect of the sales relating to such discount shows the amount allowed as discount; and 6 provided further that the accounts show that the purchaser has paid only the sum originally charged less discount. .....

Hewlett Packard Financial Services India Private Limited Vs. The State ...

Court : Karnataka

..... strps.339-411/2015 are filed under section 65(1) of the karnataka value added tax act, 2003 against the order, judgment and decree dated 25.06.2015 passed in sta nos.1346 to 1381/13, sta nos.2529 to 2564/2013 and sta no.2063/2014 on the file of the karnataka appellate tribunal at bangalore, dismissing the appeals and uphelding the orders of the aa and faa. ..... petitions are directed against the order passed by the tribunal in respect of the period of assessment from april, 2006 to march, 2011, whereby the tribunal by its order dated 25.06.2015, recorded the reasons and has dismissed the appeals by holding that the petitioner is not entitled for the exemption by virtue of section 5(2) of the central sales tax act, 1956 (hereinafter referred to as cst act for short) in the transaction of lease effected during the periods of 2006-07 to 2010 ..... the assessing authority has taken the stand after due analysis of mla, po, bill of entry, shipping authorization letter, lease schedule, acceptance certificate and the invoice raised by the foreign vendor and the invoice by the hpfs that the appellant is the owner of the leased equipments and the leasing has taken place only after the end customer has issued the ..... once it falls outside the purview of section 5(2) of the cst act, the concerned transactions are nothing but sale falling under section 2(29) of the kvat act 2003 and the turnovers qualifies as taxable turnover as per section 2(34) of the kvat act and thus chargeable for vat in the state .....

Hewlett Packard Financial Services India Pvt Ltd Vs. The State of Karn ...

Court : Karnataka

..... , 15.03.2012, 29.12.2012, 30.1.2013 under section 39(1) of karnataka value added tax act, 2003 (hereinafter referred to as kvat act for short) holding that the petitioner has leased the equipment after the import of the same from outside india and therefore, the transaction cannot be said to be in the course of import as per section 5(2) of the cst act. ..... petitions are directed against the order passed by the tribunal in respect of the period of assessment from april, 2006 to march, 2011, whereby the tribunal by its order dated 25.06.2015, recorded the reasons and has dismissed the appeals by holding that the petitioner is not entitled for the exemption by virtue of section 5(2) of the central sales tax act, 1956 (hereinafter referred to as cst act for 4 short) in the transaction of lease effected during the periods of 2006-07 to 2010 ..... the assessing authority has taken the stand after due analysis of mla, po, bill of entry, shipping authorization letter, lease schedule, 12 acceptance certificate and the invoice raised by the foreign vendor and the invoice by the hpfs that the appellant is the owner of the leased equipments and the leasing has taken place only after the end customer has issued the acceptance ..... it falls outside the purview of section 5(2) of the cst act, the concerned transactions are nothing but sale falling under section 2(29) of the kvat act 2003 and the turnovers qualifies as taxable turnover as per section 2(34) of the kvat act and thus chargeable for vat in the .....