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2013 (4) TMI 48 - KERALA HIGH COURTKVAT Act - Refund of the excess input tax paid - excess amount claimed by the petitioner is on account of the fact that they sold the goods at a price lower than the price estimated at the check post for the purpose of advance tax - Held that:- The special rebate available u/s 12 of the Act shall not exceed the output tax payable in respect of such goods or goods manufactured out of such goods. If that be so, the claim made by the petitioner, does not appear to be tenable. Unable to accept this argument of the counsel for the reason that even though purchase value is calculated including the elements specified in Section 2(n) of the Entry Tax Act, the final figure represents the purchase value only. It is on that basis that entry tax is determined. If that be so, for the purpose of determining whether sale of the commodity was at a reduced rate, it is always open to the respondents to reckon the purchase value as determined in terms of Section 2(n) of the Entry Tax Act. In so far as this case is concerned, it is on that basis, it has be concluded that the sale has been at a reduced rate - rejection of the petitioner's application for refund confirmed.
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