TaxTMI 
TaxTMI 
2021 (11) TMI 4
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....l filed by the assessee has been allowed deleting the tax, interest and penalty levied on the difference of labour charges stated to have been claimed as in excess of eligibility. 2. The revision petition was admitted by this Court to consider the following question of law:- "Whether the tribunal has erred in holding that the standard rate of deduction in respect of labour and like charges, as prescribed under Rule 3(2)(m) of Karnataka Value Added Tax Rules, is to be applied on the gross turn over of the dealer inclusive of the tax collected from its customers?" 3. The assessee is a dealer registered under the provisions of the KVAT Act and is engaged in the business of bus body building. During the tax periods April 2013 to March 2014,....
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....e taxable value is determined. 5. Learned counsel for the respondent - assessee justifying the impugned judgment submitted that the contract was executed inclusive of taxes as per the understanding between the parties. The assessee had raised invoices for executing the contract showing the element of deduction and the taxes separately. The Table under Rule 3(2)(m) in column (3) contemplates "value of the contract" which is the amount payable to the contractor as per the agreement and would include the tax element. The Tribunal having analyzed the material evidence has rightly allowed the appeal and the same deserves to be confirmed by this Court rejecting the revision petition filed by the appellant - State. 6. We have carefully co....
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....mmerce or in the course of export of the goods out of the territory of India or in the course of import of the goods into the territory of India and the value of goods transferred or despatched outside the State otherwise than by way of sale." 11. Section 2(34) of the KVAT Act defines "Taxable Turnover" as under:- "Taxable turnover" means the turnover on which a dealer shall be liable to pay tax as determined after making such deductions from his total turnover and in such manner as may be prescribed, but shall not include the turnover of purchase or sale in the course of inter-State trade or commerce or in the course of export of the goods out of the territory of India or in the course of import of the goods into the territory of India ....