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2010 (5) TMI 773 - HC - VAT and Sales TaxCancelling the assessment under section 5(2) of the Kerala General Sales Tax Act, 1963 on the products sold under brand name "Sansui" that was confirmed in first appeal seeked Held that:- If the respondent’s margins are unusually high, then, certainly, first sales cannot be treated as sales under brand name and assessment has to be made on the respondent under section 5(2). We, therefore, allow the revision by setting aside the order of the Tribunal and that of the lower authorities with direction to the assessing officer to collect the purchase turnover and other details required and make fresh assessment, in accordance with law. If assessment is again made afresh under section 5(2) on the respondent, then there will be direction to the assessing officer to give credit for the tax collected and remitted by Videocon International Ltd., on the purchases made by respondent in terms of rule 30(2)B of the KGST Rules. The assessing officer is directed to complete the assessment afresh within a period of two months from the date of receipt of a copy of this judgment, after giving opportunity to the respondent also
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