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Section 3: Insertion of new Section 6-C

The Karnataka Sales Tax (Amendment) Ordinance, 2003.State Ordinance of Karnataka · No. 25 of 1957

After Section 6-B of the principal Act, the following shall be inserted, namely.- (Published in the Karnataka Gazette Part IV-A Extra Ordinary No. 571 dated 31-5-2003 in Notification No. ÉâªÀâXµÖE 29 µÖÉâ}â 2003) 562 “ 6-C. Levy of Additional Tax.- Every registered dealer and every dealer who is liable to get himself registered under sub-sections (1) and (2) of Section 10 whose total turnover in a year is not less than the turnovers specified in the said sub-sections, shall be liable to pay tax at the rate of one per cent of such portion of the total turnover which is liable to tax under Sections 5, 5-B, 5-C or 6.

Provided that no tax under this sub-section shall be payable on that part of such turnover which relates to,-

(i) sale or purchase of goods specified in the Fifth Schedule;

(ii) sale or purchase of goods in the course of interstate trade or commerce;

(iii) sale or purchase of goods in the course of export out of the territory of India or sale or purchase in the course of import into the territory of India;

(iv) all amounts collected by way of tax under the provisions of this Act or the Central Sales Tax Act, 1956 (Central Act 74 of 1956);

(v) all amounts falling under the head `Freight`, when specified and charged for by the dealer separately without including such amounts in the price of the goods sold;

(vi) all amounts allowed as discount, provided that such discount is allowed in accordance with the regular practice of the dealer or is in accordance with the terms of a contract or agreement entered into a particular case and provided also that the accounts show that the purchaser has paid only the sum originally charged less discount;

(vii) (a) all amounts allowed to purchases in respect of goods returned by them to the dealer when the goods are taxable on sales provided that the goods were returned within a period of six months from the date of delivery of the goods and the accounts show the date on which the goods were returned and the date on which and the amount for which refund was made;

563

(b)all amounts received from the sellers in respect of goods returned to them by the dealer, when the goods are taxable on the purchase value provided that the goods were returned within a period of six months from the date of delivery of the goods and the accounts show the date on which the goods were returned and the date on which and the amount for which refund was received;

(viii) such amounts towards labour charges and other like charges not involving any transfer of property in goods, actually incurred in connection with the execution of works contract, or calculated at the rates prescribed;

(ix) all amounts realized by a dealer by the sale of his business as a whole;

(x) the total amount paid or payable by the dealer as a consideration for the purchase of any of the goods in respect of which tax is leviable at the point of sale;

(xi) the total amount paid or payable to the dealer as a consideration for the sale of any of the goods in respect of which tax is leviable at the point of purchase;

Provided further that, save as otherwise provided in this sub-section, no other deduction shall be made from the total turnover of a dealer for the purposes of this Section.

(2) The provisions of this Act and the rules made thereunder shall, so far as may be, apply in relation to the assessment, collection or refund of the resale tax, as they apply in relation to the assessment, collection or refund of tax under the other provisions of this Act.”

Where this provision sits

ActThe Karnataka Sales Tax (Amendment) Ordinance, 2003.
Section3
Marginal noteInsertion of new Section 6-C
JurisdictionState of Karnataka
StatusIn force as published by the source

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