TMI Blog2008 (7) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... riminates from dealer to dealer. the benefit envisaged under section 30 of the Act is only to make a correction within six months from the date of the sale transaction on finding the tax charged/collected is more or less, by issuing a credit note or debit note and in case goods are returned within the prescribed period, to issue a credit note forthwith and claim the value to be excluded from the taxable turnover. The value of the sale transaction is as fixed at the time of sale and even in terms of the charging section. There is no scope for fixing the price later. If under the rule, the benefit is made available subject to the condition that the discounted price should have been so indicated in the invoice value of the goods, the condit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice, etc. A copy of this endorsement dated June 7, 2008 is also produced and marked as annexure C. It appears the assessee, though he responded by filing objection with regard to the proposal under the provisions of the KTEG Act, was still seeking time for responding to the notice under section 39(1) of the KVAT Act. The assessing authority having proceeded to pass orders in terms of the notice dated May 30, 2008, both under the KVAT and KTEG Act and aggrieved by the order in so far as it relates to the liability under the provisions of the KVAT Act, the present writ petition is filed. The petitioner has questioned the legality of the order mainly on the premise that it is in violation of the principles of natural justice. It is also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cribes the manner in which a dealer can avail of the benefit under section 30 in terms of the impugned rule, i.e., proviso to rule 3(2)(c) is discriminatory. Section 3 of the KVAT Act, 2003 reads as under: Levy of tax. (1) The tax shall be levied on every sale of goods in the State by a registered dealer or a dealer liable to be registered, in accordance with the provisions of this Act. (2) The tax shall also be levied, and paid by every registered dealer or a dealer liable to be registered, on the sale of taxable goods to him, for use in the course of his business, by a person who is not registered under this Act. Section 30 of the KVAT Act reads that: 30. Credit and debit notes (1) Where a tax invoice has been issued for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liability or in any way come in the way of assessees claiming the benefit under section 30 of the Act. That is a procedure for claiming the benefit. Moreover, the benefit envisaged under section 30 of the Act is only to make a correction within six months from the date of the sale transaction on finding the tax charged/collected is more or less, by issuing a credit note or debit note and in case goods are returned within the prescribed period, to issue a credit note forthwith and claim the value to be excluded from the taxable turnover. The value of the sale transaction is as fixed at the time of sale and even in terms of the charging section. There is no scope for fixing the price later. If under the rule, the benefit is made available sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
