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2016 (9) TMI 968 - HC - VAT and Sales TaxQuantification of amount of tax deducted at source of VAT - taxable turnover - total value of the work contracts - deductions as per Section 5 - Section 106 of the Meghalaya Value Added Tax Act, 2003 - works contract - MES Builders Association of India and others vs. Union of India and others [2009 (9) TMI 880 - GAUHATI HIGH COURT] - in relation to Section 106(2) of the Act, if the deduction had already been made per Schedule IV-A, further deduction per Section 5(2)(c) would not be made - for the purpose of Section 106 (2) of the Act of 2003, the deduction in relation to Section 5 (2) (c) of the Act of 2003 would be either on the actual value of labour, services and other like charges; or it would be at the percentage provided in Schedule-IV-A, in such cases where the charges towards labour, services etc. are not ascertainable from the terms and conditions of the contract. Final assessment by assessing officers - Held that: - any deduction made by the principal while making payments towards the works contract would always remain subject to the final assessment under the Act of 2003 by the Assessing Officer; and deduction at source by the principal, by itself, is not decisive of the actual amount of VAT payable. Petition disposed off - decided against petitioner.
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