Judgment Search Results Home > Cases Phrase: karnataka value added tax act 2003 section 30 credit and debit notes Court: supreme court of india Page 1 of about 1,909 results (0.276 seconds)

The State Of Karnataka Vs. M/s. Ecom Gill Coffee Trading Private Limit ...

Court : Supreme Court of India

..... as common question of law and facts arise in this group of appeals and the issue is with respect to interpretation of section 70 of the karnataka value added tax act, 2003 (hereinafter referred to as the 1 kvat act, 2003 ), all these appeals are decided and disposed of together, by this common judgment and order.2. ..... a false tax invoice, credit or debit note, declaration, certificate or other document with a view to support or make any claim that a transaction of sale or purchase effected by him or any other dealer, is not liable to be taxed, or liable to tax at a lower rate, or that a deduction of input tax is available, the prescribed authority shall, on detecting such issue or production, direct the dealer issuing or producing such document to pay as penalty: (a) in the case of first such detection, three times the tax due in respect of such transaction or claim; and ..... even considering the intent of section 70 of the act, 2003, it can be seen that the itc can be claimed only on the genuine transactions of the sale and purchase and even as per section 70(2) if a dealer knowingly issues or produces a false tax invoice, credit or debit note, declaration, certificate or other document with a view to support or make any claim that a transaction of sale or purchase effected by him or any other dealer, is not liable to be taxed, or liable to take at a lower rate, or that a deduction of input tax is available, such a dealer is liable to pay the .....

M/s. Tata Motors Ltd. Vs. The Deputy Commissioner Of Commercial Taxes( ...

Court : Supreme Court of India

..... the transaction under dispute is not specifically excluded, the assessees have sought to canvass that it does not satisfy the definition of sale under section 2(t) of the karnataka value added tax act, 2003. ..... m/s marudhara motors, jodhpur, (2010) 29 vst114 the learned single judge of the rajasthan high court considered the controversy under the 94 provisions of the rajasthan sales tax act, 1994 in the context of a dealer of automobiles receiving credit notes issued by the manufacturer for replacement of defective parts of the automobiles, supplied by the dealer under a warranty agreement between the manufacturer and the ultimate customers to whom vehicles were sold by the dealer (assessee) ..... , it cannot be said to have been totally accounted for and debited in manufacturer s taxable turnover of sales and purchase under vat/trade tax. ..... . a converse to the system of direct debit is the credit note issued by a buyer in favour of a seller which is a recompense or monetary benefit showed in the buyer ..... payment need not, however, be made in cash: a method of payment that enables the seller to obtain money such as the use by the buyer of a credit card or a debit card or digital cash or cheque or banker s draft or trading cheque also comes within the expression payment of price ..... . there can also be payment by direct debits to effect payment of goods supplied particularly when there are recurring payments of ..... seller can obtain through the banking system in direct debit forms to the buyer s bank .....

Manoj Construction Co. Vs. Commissioner of Cus. and C. Ex.

Court : Supreme Court of India

Reported in : 2002(142)ELT523(SC)

order1. the order of the tribunal, which is the subject matter of this appeal, was passed ex-parte, in the absence of the appellant. 2. it is the contention of the appellant that it had no notice of the proceedings before the tribunal. the learned attorney general fairly states that, in the circumstances and having regard to what has been stated by the appellant in the additional affidavit dated 18th november, 2000, it is appropriate that the order under challenge should be set aside and the matter restored to the file of the tribunal to be heard and decided afresh. 3. the appeal is allowed. the order under challenge is set aside on the ground of lack of notice. the appeal is restored to the file of the tribunal, new delhi to be heard and decided afresh. the parties shall appear before the president of the tribunal on 22nd april, 2002 at 11.00 a.m. to take from her a date for the hearing of the appeal. 4. no order as to costs.

Sri Babu Ram Alias Durga Prasad Vs. Sri Indra Pal Singh (Dead) by Lrs.

Court : Supreme Court of India

Reported in : 1998VIAD(SC)259; AIR1998SC3021; 1998(5)ALT13(SC); JT1998(5)SC464; 1998(4)SCALE565; (1998)6SCC358; [1998]3SCR1145

..... , all acts theretofore done by any assignee or other person acting under his authority according to the provisions of this act shall be good and valid and no action or suit shall be commenced against the assignee, nor against any persons duly acting under his authority, except to recover any property of such petitioner detained after an order made ..... in the earlier indian insolvency act, 1848, it was stated in section 7 that 'in case, after the making of any such vesting order, the petition of any such petitioner shall be dismissed by the said court, such vesting order made in pursuance of such petition shall from and after such dismissal be null and void to all interests and purposes: provided also that in the case of any such vesting orders as aforesaid, shall become null and void by the dismissal of such petition ..... same are given below at the foot of this application.that the parties in view of the above arrangement settled amongst themselves request humbly that permission be kindly granted to the debtor applicant to sell his property as noted above and the creditor to purchase the same in order that the debt may be satisfied and the parties may not be put to unnecessary litigation and expenses. ..... it may be noted that two other sundry creditors to whom the plaintiff owed rs. .....

imagic Creative Pvt. Ltd. Vs. the Commissioner of Commercial Taxes and ...

Court : Supreme Court of India

Reported in : 2008(56)BLJR1038; 2008(1)CTC843; JT2008(1)SC496; 2008(1)SCALE356; (2008)2SCC614; 2008[9]STR337; [2008]12STT392; (2008)12VST371(SC)

..... outset, we must express our reservation in regard to the question as to whether the appellant having already undergone the process of regular assessment before the assessing authority, an application under section 60 of the karnataka value added tax act, 2003 was maintainable. ..... assessment was passed by the assessing authority in terms of section 12 of the karnataka sales tax act and rule 3 of the karnataka sales tax rules, material portion whereof reads as under:in view of the above discussions, i hereby complete the assessment for the year 2003-2004 under section 12(3) of the kst act 1957 by confirming the turnovers proposed in the proposition notice. ..... accounting or the methodology adopted by the assessee for the purpose of payment of both service tax as also the value added tax attained finality at least for that year. 12. ..... concept), on which service tax had been paid under the finance act, 1994 as amended from time to time is liable to tax under the karnataka value added tax act, 2003 (the act) is the question involved in this appeal which arises out of a judgment and order dated 29.11.2006 passed by a division bench of the karnataka high court in sta no ..... muniswamyinvoice no.707dated31.01.2004delivery note/date531/23.01.04job no.1175/dec/03purchaseorder no.mtp/puo/2004/00002dated21.01.2004sl.no.descriptionof goodsquantityrateamount rs.p.rs.p.hsktool holder 1.designingand system charges 9,000002.fourcolour separated positives for cover size: a31set 1,72800 3twocolour separated .....

Sree Durga Distributors Vs. State of Karnataka

Court : Supreme Court of India

Reported in : AIR2007SC1751; 2007(212)ELT12(SC); JT2007(6)SC578; 2007(6)SCALE474; (2007)4SCC476; [2007]8STT253; (2007)7VST267(SC); 2007(4)SCC476; 2007(4)KCCR2417; 2007(4)AIRKarR1222007AIRSCW2879

..... a short question which arises for determination in this civil appeal is whether 'dog feed' and 'cat feed' sold by the appellant-assessee attracts nil rate of duty under entry 5 of first schedule of the karnataka value added tax act, 2003 (hereinafter referred to as 'the act'). ..... one of the questions which arose for determination in that case was whether section 29(2) would apply to a case where there was a difference in the period of limitation prescribed by the representation of the people act, 1951 ('rp act') and the limitation act, 1908. ..... we quote hereinbelow section 29(2) of the limitation act, 1908:where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefore by the first schedule, the provisions of section 3 shall apply, as if such period were prescribed therefore in that schedule, and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law-(emphasis supplied)6. ..... it was held that section 29(2) of the limitation act, 1908 would apply even to a case where the period prescribed under the special law differed from the period prescribed under the limitation act (see para 23). ..... the question before this court was whether for the purposes of computing the period of thirty days prescribed under section 116-a(3) of the rp act, 1951, the provisions of section 12 of the limitation act, 1908 could be invoked. .....

Smt. B. Narasamma Vs. Dy.Commr.Commercial Taxes Karnataka andanr

Court : Supreme Court of India

..... post 1.4.2005, the karnataka value added tax act, 2003, taxed declared goods and works contracts generally as follows:- section 4 - liability to tax and rates thereof ..... venkatraman, only adding that it cannot be said that the identity of the iron and steel goods had changed at the point of taxability, and they cited several judgments to show that mere cutting and shaping of these products would not amount to manufacture and hence the very goods that were declared goods alone were taxable at the rate of 4%, both under the karnataka sales tax act as well as the karnataka value added tax act, 2003.12 ..... , (1993) 1 scc364 the detailed judgment dated 10.12.2003 correctly extracts all the relevant passages from the aforesaid judgments to reach the conclusion that under the karnataka value added tax act, 2003, the iron and steel products that are reinforced for cement concrete used in buildings and structures, remains exactly the same goods at the point of taxability that is, the point of accretion, and that mere cutting into different shapes and bending does not make these items ..... all these appeals come from the state of karnataka and can be divided into two groups one group relatable to the provisions of the karnataka sales tax act, 1957 and post 1.4.2005, appeals that are relatable to the karnataka value added tax act, 2003. ..... . at this juncture, it is important to note the fact situation in a typical case before ..... . we may note that in civil appeal no.4318 of 2007, larsen & toubro ltd. .....

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. ..... 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 ..... to be so by all statutory authorities including the icai, sebi and the stock exchange.51) because no licence fee should be levied on such income and accordingly such income should not be included for computing the figure of revenue;52) because all such deposits as are credited to the p&l account are proposed to be covered in revenue which is irrational;53) because further, all bad debts recovered and write back of provisions and other debits for earlier years are also proposed to be included in revenue;54) ..... this stage, it is required to be noted that the union of india challenged the order dated 07.07.2006 of the tribunal before this court in civil appeal no.84 of 2007 under section 18 of the trai act. .....

M/s Modi Naturals Ltd Vs. The Commissioner Of Commercial Tax Up

Court : Supreme Court of India

..... he would argue that the statutory provisions under the karnataka value added tax act, 2003 and up vat act are distinct and different in all respects. ..... . agro tech (supra), was rendered by this court, examining the claim of itc by an assessee on the goods purchased under the karnataka value added tax act, 2003 (for short karnataka vat act ).53 ..... . rule 131 of the page 26 of 36 karnataka value added tax rules, 2005 (for short kvat rules ) relates to the apportionment of itc in cases of dealer falling under section 17 of the karnataka vat act.55 ..... of partially for the purpose specified in clause (a) of sub-section (1) or otherwise, the input tax credit may be claimed and be allowed page 13 of 36 proportionate to the extent they are used or disposed of for the purposes specified in such clause, (b)subject to the provisions of this section where during process of manufacture of vat goods, exempt goods and non vat goods except as by product or waste product are produced, the amount of input tax credit may be claimed and be allowed in proportion to the extent they are used ..... . the high court has neither take note of nor discussed sub-rule (3) ..... . it is also pertinent to note that indisputably, the dorb which is produced as part of the solvent extraction process is a by-product of the manufacturing process ..... . it is to be noted that the dorb falls within exempted goods under s .....

Southern Motors Vs. State of Karnataka and Ors.

Court : Supreme Court of India

..... 27752-27758 of 2014) judgment amitava roy, j.the instant adjudicative pursuit is to disinter the statutory intendment lodged in rule 3(2)(c) in particular of the karnataka value added tax rules, 2005 (for short, hereinafter to be referred to as the rules ) so as to facilitate the determination of taxable turnover as defined in section 2(34) of the karnataka value added tax act, 2003 (for short, hereinafter to be referred to as the act ) in interface with section 30 of the act and rule 31 of the rules.2. ..... depending on the eventualities as comprehended in section 30, credit and debit notes are issued, as a consequence whereof, the tax liability is reduced or enhanced correspondingly and the same is determined on the basis of the declarations made by the assessees in their returns. ..... whereas sections 29 and 30, to repeat, deal with the issuance of tax invoice and bill of sale to start with and thereafter credit and debit notes to be in accord with the tax actually payable, rule 3 in a way espouses the exercise of ascertaining the taxable turnover by enumerating the permissible deductions from the total turnover. .....