<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2009 (8) TMI 1116 - KERALA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=165351</link>
    <description>Tax collected by an assessee during an exemption period was lawfully forfeited under section 46A(1) of the Kerala General Sales Tax Act because the collection occurred despite the exemption regime and the relevant turnover was not treated as taxable turnover. The forfeited amount, however, could not be set off against the exemption already granted, since that would reduce the exemption benefit and deprive the assessee of the full statutory relief. The proper course was to preserve the exemption in full and modify the assessment by treating the relevant supplies as taxable turnover, with consequential tax and interest adjustment, if any.</description>
    <language>en-us</language>
    <pubDate>Mon, 10 Aug 2009 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 01 Jul 2014 18:18:53 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=358511" rel="self" type="application/rss+xml"/>
    <item>
      <title>2009 (8) TMI 1116 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=165351</link>
      <description>Tax collected by an assessee during an exemption period was lawfully forfeited under section 46A(1) of the Kerala General Sales Tax Act because the collection occurred despite the exemption regime and the relevant turnover was not treated as taxable turnover. The forfeited amount, however, could not be set off against the exemption already granted, since that would reduce the exemption benefit and deprive the assessee of the full statutory relief. The proper course was to preserve the exemption in full and modify the assessment by treating the relevant supplies as taxable turnover, with consequential tax and interest adjustment, if any.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Mon, 10 Aug 2009 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=165351</guid>
    </item>
  </channel>
</rss>