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    <title>2019 (3) TMI 443 - KERALA HIGH COURT</title>
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    <description>Refund adjustment under the Kerala Value Added Tax Act was upheld where the assessing authority set off excess tax refundable to the dealer against an amount already determined by assessment. Section 89(3) was read as permitting adjustment of the refundable sum towards any amount due on the date of adjustment, and &quot;amount due&quot; was treated as an assessed liability, even if the period for payment under the demand notice had not expired. Section 31(2), which regulates the time for payment after notice of demand, was held not to bar such adjustment. The argument based on a possible appeal and pre-deposit requirement was rejected as speculative because no appeal had been filed.</description>
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    <pubDate>Wed, 27 Feb 2019 00:00:00 +0530</pubDate>
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      <title>2019 (3) TMI 443 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=376422</link>
      <description>Refund adjustment under the Kerala Value Added Tax Act was upheld where the assessing authority set off excess tax refundable to the dealer against an amount already determined by assessment. Section 89(3) was read as permitting adjustment of the refundable sum towards any amount due on the date of adjustment, and &quot;amount due&quot; was treated as an assessed liability, even if the period for payment under the demand notice had not expired. Section 31(2), which regulates the time for payment after notice of demand, was held not to bar such adjustment. The argument based on a possible appeal and pre-deposit requirement was rejected as speculative because no appeal had been filed.</description>
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      <pubDate>Wed, 27 Feb 2019 00:00:00 +0530</pubDate>
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