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Section 5: Levy of tax on sale 01 pw chase of goods

The Kerala General Sales Tax Act, 1963 (No.15 of 1963)State Act of Kerala · Act 15 of 1963

( l) Every dealer (other than a casual trader or agent of a non-resident dealer) whose total turnover for a yeat ts not less than ten thousand rupees and every aasual tt ader or agent of a non-restdent dealer, whatever be his total tum over for the yeat, shall pay tax on hts taxable tUt nover fur that year,- ( z) 111 the case of goods specified in the First or Second Schedule, at the rates and only at the points spectfied agamst such goods m the said Schedules, and

(u) m the case of )ther goods, at the rate of two per cent, I I • I I Jti I ...

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(2) Every dealer other than a dealer referred to in sub-section ( l) whose total turnover for a year in respect of the goods specified in the First or Second Schedule is not less than two thousand five hundted rupees shall pay tax at the rate and only at the pomt specified agamst the goods in the Ftrst or Second Schedule, as the case may be, on his taxable turnover in that year relatmg to such goods :

Provided that where a tax has been levied under sub-section (I) or sub-section (2) m respect of the sale or purchase of goods specifictf in the Second Schedule and such goods are sold in the course of inter­ State trade or commerce, the tax so levied shall be refunded to such person in such manner and subject to such conditiOns as mliy b<' prescribed.

(3) Notwithstanding anything contained in sub-~ection (I) or sub-section (2), the tax payable by a dealer m respect of any sale of the goods mentioned in the Ftrst Schedule by such dealer to another for use by the latter as component part of any other goods mentioned m the c;aid Schedule, which he mtends to manufacture m<;!de the State for sale, shall be at the rate of only one per cent on the taxable turnover relatmg to such sale :

Provided that the provistons of this sub-section shall not apply to any sale unless the dealer selling the goods furnishes to the assessing authority in the prescnbed manner a declaration duly filled m and signed by the deale1 to whom the goods are sold contammg the prescri­ bed particulars in a prescnbed form.

( 4) Notwithstandmg anything con tamed in sub-section (I), every dealer registered under sub-section (3) of section 7 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956), shall whatever be the quantum of his total turnover, pay tax for each year m respect of the sale of the goods with reference to the purchase of whtch he has fur111shed a decla­ ration under sub-section (4) of section 8 of the aforesaid Central Act at the rate of two per cent of his taxable turnover in respect of the goods other than those specified m the Ftrst or Second Schedule ·

Provided that this sub-section shall not apply to any dealer m respect of the sale of the goods the purchase of wluch IS !1able to tax under sub-section (I).

Where this provision sits

ActThe Kerala General Sales Tax Act, 1963 (No.15 of 1963)
Section5
Marginal noteLevy of tax on sale 01 pw chase of goods
JurisdictionState of Kerala
StatusIn force as published by the source
Judgments citing it2

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