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    <title>2008 (11) TMI 68 - Supreme Court</title>
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    <description>Professional service receipts earned from exporters were held not to be includible in sales turnover under the Kerala General Sales Tax Act because sales tax applies only to a taxable sale or transfer of property in goods, not to service income by itself. The dealer had produced income-tax returns, assessment orders, exporter correspondence and MPEDA certificates to show that the receipts arose from a separate service activity. Although the statutory burden under Section 12 requires the dealer to disprove taxability, that reverse burden arises only after foundational facts connect the receipt to the sales tax net; unexplained receipts cannot be treated as turnover merely because they are unexplained. The assessments and connected orders were set aside and the matter was remitted for fresh consideration.</description>
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    <pubDate>Wed, 19 Nov 2008 00:00:00 +0530</pubDate>
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      <title>2008 (11) TMI 68 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=32161</link>
      <description>Professional service receipts earned from exporters were held not to be includible in sales turnover under the Kerala General Sales Tax Act because sales tax applies only to a taxable sale or transfer of property in goods, not to service income by itself. The dealer had produced income-tax returns, assessment orders, exporter correspondence and MPEDA certificates to show that the receipts arose from a separate service activity. Although the statutory burden under Section 12 requires the dealer to disprove taxability, that reverse burden arises only after foundational facts connect the receipt to the sales tax net; unexplained receipts cannot be treated as turnover merely because they are unexplained. The assessments and connected orders were set aside and the matter was remitted for fresh consideration.</description>
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      <pubDate>Wed, 19 Nov 2008 00:00:00 +0530</pubDate>
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