https://www.taxtmi.com/caselaws?id=164738 The Kerala HC treated advance tax on evasion-prone goods as a preventive mechanism and held that the Commissioner could issue circulars fixing a provisional minimum sale price for collection at the check-post. That provisional figure was valid because the actual taxable value remained open to determination in assessment, with adjustment, refund, or set-off available on the real transaction value. The Court also held that the price fixation for live chicken and timber was not arbitrary, as it served uniform implementation and was based on market study. The availability of assessment remedies and the green card mechanism further defeated the challenge to the circulars. en-us Fri, 07 Aug 2009 00:00:00 +0530 Mon, 03 Nov 2014 14:17:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=164738 The Kerala HC treated advance tax on evasion-prone goods as a preventive mechanism and held that the Commissioner could issue circulars fixing a provisional minimum sale price for collection at the check-post. That provisional figure was valid because the actual taxable value remained open to determination in assessment, with adjustment, refund, or set-off available on the real transaction value. The Court also held that the price fixation for live chicken and timber was not arbitrary, as it served uniform implementation and was based on market study. The availability of assessment remedies and the green card mechanism further defeated the challenge to the circulars. Case-Laws VAT and Sales Tax Fri, 07 Aug 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=164738