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    <title>2002 (9) TMI 816 - KARNATAKA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=161468</link>
    <description>Section 19-A of the Karnataka Sales Tax Act, as re-enacted, was invalid because its tax-deduction-at-source mechanism did not stay confined to taxable turnover under section 5-B. The provision allowed deduction on gross works contract payments without fully excluding amounts relating to inter-State sales, outside sales, import sales, and other non-taxable components. The Court applied the settled principle that a machinery provision cannot widen the charge created by the taxing section, and held that partial exclusions for labour and a 25 per cent reduction were insufficient. The provision was therefore beyond the State Legislature&#039;s competence, and prior collections were to be adjusted in future assessments.</description>
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    <pubDate>Fri, 13 Sep 2002 00:00:00 +0530</pubDate>
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      <title>2002 (9) TMI 816 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=161468</link>
      <description>Section 19-A of the Karnataka Sales Tax Act, as re-enacted, was invalid because its tax-deduction-at-source mechanism did not stay confined to taxable turnover under section 5-B. The provision allowed deduction on gross works contract payments without fully excluding amounts relating to inter-State sales, outside sales, import sales, and other non-taxable components. The Court applied the settled principle that a machinery provision cannot widen the charge created by the taxing section, and held that partial exclusions for labour and a 25 per cent reduction were insufficient. The provision was therefore beyond the State Legislature&#039;s competence, and prior collections were to be adjusted in future assessments.</description>
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      <pubDate>Fri, 13 Sep 2002 00:00:00 +0530</pubDate>
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