Judgment Search Results Home > Cases Phrase: value added tax act 2003 section 17 partial rebate Page 1 of about 12,965 results (0.181 seconds)

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. ..... section 17 of the karnataka vat act relates to partial rebate and deals with contingencies where the final products are more than one and the output tax is payable only on some products with the other remaining products being exempted from the payment of tax. ..... further elaboration has been made to hold that upon the sale of goods exempted under section 5 of the karnataka vat act, partial rebate shall only be admissible.58. ..... in para 28, this court has elaborated on the scheme under the karnataka vat act, to emphasise that the provision which allows partial rebate is made applicable on the sales of taxable goods and goods exempt under section 5. ..... the karnataka vat act with the aid of section 17 read with rule 131 of the karnataka vat rules seeks to provide a statutory mechanism for grant of partial rebate where a registered dealer deducting input tax makes sale of taxable goods as well as exempt goods. ..... this provision which allows partial rebate makes the said provision applicable on the sales of taxable goods and goods exempt under section 5. ..... partial rebate. ..... partial rebate. .....

M/s. M.K. Agro Tech (P) Ltd. Vs. The State of Karnataka

Court : Karnataka

..... it is registered as a dealer under the provisions of the karnataka value added tax act, 2003 (hereinafter referred to as the 'kvat act') and also under the provisions of the central sales tax act, 1956 ( hereinafter referred to as 'cst act') and is borne on the files of the lvo-190, mysore. ..... section-17, which deals with partial rebate, applies to the goods when the tax paid on purchases is attributable to sale or manufacture of more than one product and out of that, one product is taxable and another product/goods is non-taxable or exempt from tax. ..... partial rebate where a registered dealer deducting input tax - 1) makes sales of taxable goods and goods exempt under section 5, or 2) in addition to sale of taxable goods or the sales referred to in clause (1) dispatches taxable goods or goods exempted under section 5 outside the state not as a direct result of sale or purchase in the course of inter-state trade, or 3) puts to use the inputs purchased in any other purpose other than sale, manufacturing, processing, packing or storing of goods, in addition to ..... section-17 deals with the partial rebate. ..... section 17, on which reliance is placed by the revenue and which deals with partial rebate, reads as under:- "17. ..... the assessee was therefore eligible only for partial input tax rebate as per section 17 r/w. ..... the tribunal held that the first appellate authority was justified in invoking section 17 of the act and denying partially the benefit of deduction of input tax. .....

C.T. Shenthilnathan Chettiar Vs. Raja D.V. Appa Rao Bahadur

Court : Chennai

Reported in : (1999)2MLJ744

..... by adopting such a procedure, the authorities below had, after arriving at the price of the land on the basis of three years average market value, added to that price again a percentage equivalent to 259/100 and thus arrived at a huge sum as the price payable by the defendant to the plaintiff which not only shocks the conscience of the court but also opposed to section 9 of the tamil nadu city tenants protection act as well as causes an irreparable injury to the defendant. ..... therefore in my opinion the indexed cost of acquisition or the cost inflation index theory provided for under section 48 of the income tax act will have no application at all while the price of the property under the tamil nadu city tenants protection act is fixed on the basis of the average market value for three years preceding the date of the order. ..... but the legislature in making the relevant provision under section 48 of the income tax act thought it fit to provide for the increase in the value of the property on the date of the transaction namely the sale. ..... the indexed cost of acquisition and the cost of inflation index provided for under section 48 of the income tax act to be taken into account to determine the liability of the person on account of capital gains, would operate in totally different circumstances, for instance, if 'x' buys a property for rs. .....

State of Andhra Pradesh and ors. Vs. Larsen and Tourbo Ltd. and ors.

Court : Supreme Court of India

Reported in : 2008(5)ALD85; 106(2008)CLT919(SC); JT2008(9)SC463; 2008(12)SCALE77; (2008)9SCC191; (2009)11VatReporter160; (2008)17VST1(SC); 2008AIRSCW6358

..... in reply, l&t; submitted that under section 4(7)(a) of the andhra pradesh value added tax act, 2005 ('2005 act', for short) there was no provision for inclusion of sub-contractors' turnover in the turnover filed by the company; that, the scheme of the said act at the relevant time did not contemplate for the declaration of sub-contractors' turnover and, that, under the scheme of the said 2005 act the sub- contractor was a 'dealer'.4 ..... further that no tax shall be payable under this sub-section on the turnover relating to the consideration received as a sub-contractor if the main contractor opted to pay tax by way of composition subject to the condition that the sub-contractor shall pay tax in respect of any goods purchased or received from outside the state of india or from any person other than a value added tax dealer in the state on the value of such goods at the rates applicable to them under the act'.7 added by act 5 of 2007, ..... this case we are concerned with andhra pradesh value added tax act, 2005. ..... may be prescribed;3[e) any dealer having opted for composition under 4[clauses (b) or (c) or (d)], purchases or receives any goods from outside the state or india or from any dealer other than a value added tax dealer in the state and uses such goods in the execution of the works contracts, such dealer shall pay tax on such goods at the rates applicable to them under the act and the value of such goods shall be excluded for the purpose of computation of turnover on which .....

Bharat Sanchar Nigam Ltd. Vs. State of Bihar and ors.

Court : Patna

..... there is reference to the closing of the financial year on 31.3.2006 and the need for the department to get the money before that day, so much so, that even though section 39 of the value added tax act gives to the assessee a period of thirty days and section 25 of the bihar finance act, 1981 (which was in existence on the material date) ordinarily allows a period of not less than forty five days to make payment of the demand, the assistant commissioner, ..... under section 25(ka) of the bihar finance act, 1981 and section 41(1) of the value added tax act, ..... order the assistant commissioner noted that the petitioner had failed to deduct advance tax from the bills of its works contractors despite repeated reminders in that regard ..... of the notice is at annexure 5 from which it appears that it was issued by the assistant commissioner, commercial taxes on 16.3.2006 asking the petitioner to appear before him on 22.3.2006 at 11 in the morning. ..... to the petitioner to show cause why a penalty under the aforesaid provisions may not be imposed on it for its failure to make deductions of advance tax from the bills of its works-contractors before payment of their bills. ..... the petitioner is directed to appear before the assistant commissioner, commercial taxes along with a copy of this order within one month from the date of ..... give the petitioner an opportunity of hearing and then pass a fresh order on its liability for deduction of advance tax while making payment of the bills of its suppliers / contractors. .....

JaIn Industries Vs. the State of Bihar and ors.

Court : Patna

..... bihar value added tax act.3. ..... medicines, whether patent or proprietary, including vaccines, disposable hypodermic syringes, hypodermic needles, catguts, sutures, surgical dressing, medicated ointments produced under the license issued under the drugs and cosmetics act, 1940 but excluding any cosmetics, perfumery, toiletry and hair oil, whether or not such cosmetics, perfumery, toiletry and hair oil is manufactured under any drug license and whether or not ..... in that it examined the nature of lal dant manjan under the orissa sales tax act appears to be more helpful to the petitioner.10. ..... but learned counsel over looks that in the relevant entry under the bihar vat act it is expressly said that an item of toiletry would not qualify as drug or medicine because it was manufactured under any drug ..... was) speaking for the court held that lal dant manjan was a drug within the meaning of orissa sales tax act read with entry no. ..... , the petitioner has produced a manufacturing licence obtained by it under the drugs & cosmetics act for production of jain dant manjan and special jain lal dant manjan, the ingredients of ..... the tribunal rightly points out that in interpreting statutes like the excise act the primary object of which is to raise revenue and for which purpose various products are differently classified, resort should not be had to the scientific and technical meaning of ..... secondly it is pointed out that section 3a of the drugs and cosmetics act that defines ayurvedic medicines refers to .....

Mysore Construction Co. (Prop. Mycon Construction Ltd. Represented by ...

Court : Karnataka

Reported in : ILR2009KAR2657; (2009)24VST250(Karn); 2009(3)KCCRSN123; 2009(6)AIRKarR141

..... the further argument is that having regard to the scheme of the karnataka value added tax act, 2003, the levy of sales tax is sought to be made a single point levy, in the sense that the same goods would not suffer tax repeatedly but if there is a value addition to the goods it is only the additional value which suffers tax and permitting section 15(5)[e] of the act to operate from an earlier date runs counter to the scheme and therefore also the provision is bad. ..... has drawn attention to the statement of objects and reasons provided by the government when the bill for amendment of section 15 of the act was introduced in the assembly and points out that except for saying that the provisions were as part of rationalization measures sought to be introduced in the karnataka value added tax act, 2003 and indicating that it was 'clarification regarding tax liability of dealers under composition on their purchases from unregistered persons', nothing else is forthcoming in the budget speech ..... some of the learned counsel for the petitioners have submitted that the provision is virtually in the nature of an additional charging section and if so brings about an anomaly of not allowing input tax rebate as once it is kept out of the purview of the composition scheme there cannot be any distinction for allowing input tax credit between dealers paying taxes on regular basis and dealers who have opted for composition.83. .....

B.S. Enterprises Vs. State of Bihar and ors.

Court : Patna

..... jain submitted that unlike the phrase in section 8(4) of the central sales tax act, section 95 of the value added tax act expressly provide for the time element to be dealt with in the rules ..... 56 of the bihar value added tax rule, 2005 can be so read as to give the prescribed authority the discretion to extend, in appropriate cases, the period for furnishing details of stocks for claiming input tax credit under section 16(1)(d) of the bihar value added tax act, 2005? ..... case in hand, it is seen above that contrary to the petitioners' assumption section 16(1)(d) of the value added tax act does not confer upon a dealer any absolute right to input tax credit. ..... 2005, the state enacted the bihar value added tax act, 2005 (bihar act no. ..... in this case, sub-rules (2) and (3) of rule 39a of the mysore sales tax rules, fixing a period of time for filing claim for refund under section 15b of the central sales tax act were struck down as ultra vires section 5(4) of the mysore sales tax act, holding that the impugned rule was an attempt to deny the dealers the refund to which they were entitled under the law or at least to make enforcement of that right ..... of that power, the state government framed the bihar value added tax rules, 2005 under s.o.26, dated 24.03.2005. ..... , the governor of bihar promulgated bihar value added tax ordinance, 2005 (bihar ordinance no. ..... of vat is said to lie in giving set-off for the tax paid earlier and this object is given effect to by providing for input tax credit/rebate. .....

Ashok Agencies Represented by Its Manager Shri Ashok Kumar S/O Sri Puk ...

Court : Karnataka

Reported in : ILR2008KAR4299; 2008(6)AIRKarR16(DB)

..... reassessment and penalty orders dated 29.1.2007 (vide annexure-a and a-1 to a-6) for the months from april 2006 to october 2006 passed by the deputy commissioner of commercial taxes, audit-43, dvo-4 (hereinafter referred to as 'assessing authority' for short) assessing the tax on the turn over relating to sales of mosquito repellants at 12.5% under the karnataka value added tax act, 2003 (hereinafter referred to as 'kvat act' for short).2. ..... learned senior counsel and aga on behalf of the patties, it would be necessary for us to examine the relevant provisions of kvat act, insecticides act, 1968 and the rules thereunder, section 4 of the kvat act reads as under.section 4 - liability to tax and rates thereof-(1) every dealer who is or is required to be registered as specified in sections 22 and 24, shall be liable to pay tax, on his taxable turnover,(a) in reject of goods mentioned in-(i) second schedule, at the rate of one percent;(ii) third schedule, at ..... as under:chemical fertilizers, chemical fertilizer mixtures; bio fertilizers, micro nutrients, gypsum, plant growth promoters and regulators: insecticides, pesticides, rodenticides, fungicides, weedicides, herbicidessection 3(f) of the insecticides act, 1968, winch defines 'insecticide', reads as under:section 3(e) 'insecticide' means,-(i) any substance specified in the schedule; or(ii) such other substances (including fungicides and weedicides) as the central government may, after consultation with the board, by notification .....

New Taj Mahal Cafe Pvt. Ltd. by Its Executive Director, K. Jagadish Sh ...

Court : Karnataka

Reported in : (2009)25VST101(Karn); 2009(3)KCCRSN97; 2009(5)AIRKarR167; AIR2009NOC2987

..... to defend the validity of section 15 of the act by drawing attention to the change over of the scheme of levy of sales tax under the karnataka sales tax act, 1957, the scheme of levy of tax under the karnataka value added tax act, 2003 which virtually seeks to harmonize the levy of sales tax as though it is a single point levy; that the scheme is so formulated that the goods which has suffered tax once does not suffer the levy of sales tax again and it is only on the additional value, tax is sought to be levied and ..... writ petitioners are dealers assessable to tax under the provisions of the karnataka value added tax act, 2003 [for short 'the act']. ..... , on the value addition at each point of transaction and having regard to the net liability of the registered dealer and the concept of net tax payable by a registered dealer under the provisions of section 15 of the act, a provision for providing composition has been suitably altered vis-a-vis a like provision which was available under the provisions of the karnataka sales tax act; that die practical effects of maintaining accounts, filing detailed returns were all taken into consideration in identifying .....