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2011 (2) TMI 1324 - KERALA HIGH COURTClarification issued by the prescribed authority under section 94 of the Kerala Value Added Tax Act, 2003 challenged Held that:- It is for the appellants to remit the tax with interest on the entire amount collected under the building agreement in terms of the KVAT Act provisions within a period of three weeks from date of receipt of copy of this judgment. There will be direction to the assessing officer to withhold penalty proceedings for two months from now and thereafter consider penalty by taking into account payment of tax and interest as above. Even though counsel for the appellants stated that they are not directly executing contracts and they are engaging sub-contractors who are registered and remitting tax, we are not dealing with tax liability of the appellants in relation to sub-contractors which is a matter to be considered in the course of making assessment by making appropriate claims of exclusions, rebates or set-off applicable in respect of sub-contracts.
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