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    <title>2008 (8) TMI 820 - KERALA HIGH COURT</title>
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    <description>An assessee that continued collecting sales tax after receiving an exemption certificate could not retain the tax as part of its sale price for its own benefit. The court treated the later reliance on credit notes and debit notes as an afterthought and held that the device was sham and colourable, because the amounts collected as tax were not promptly refunded to customers or remitted to the State within the prescribed time. The Tribunal erred in accepting the subsequent accounting entries to defeat the demand, and the liability to remit the collected tax was upheld.</description>
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    <pubDate>Tue, 26 Aug 2008 00:00:00 +0530</pubDate>
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      <title>2008 (8) TMI 820 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=163767</link>
      <description>An assessee that continued collecting sales tax after receiving an exemption certificate could not retain the tax as part of its sale price for its own benefit. The court treated the later reliance on credit notes and debit notes as an afterthought and held that the device was sham and colourable, because the amounts collected as tax were not promptly refunded to customers or remitted to the State within the prescribed time. The Tribunal erred in accepting the subsequent accounting entries to defeat the demand, and the liability to remit the collected tax was upheld.</description>
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      <pubDate>Tue, 26 Aug 2008 00:00:00 +0530</pubDate>
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