|60.Prohibition against collection of amounts by way of tax or in lieu of tax in certain cases M. VAT ACT|
60.Prohibition against collection of amounts by way of tax or in lieu of tax in certain cases
(1) No person shall collect any sum by way of tax in respect of sales of any goods which are not taxable goods.
(2) No person, who is not a registered dealer, shall collect in respect of any sale of goods any sum by way of tax from any other person and no registered dealer shall collect any amount by way of tax or in tax in lieu of tax in excess of the amount of tax payable by him on any sale of goods under the provisions of this Act.
Explanation. —For the purposes of this sub-section, where, the total amount of tax collected on the turnover of sales by a registered dealer exceeds the amount of tax payable by the dealer on such turnover, and if neither the said dealer nor the Commissioner can identify the individual transactions on which such excess collection has taken place, then, for the purposes of this sub-section, it shall be deemed that the excess collection is attributable in proportionate amounts to all the transactions comprising the turnover and accordingly it shall be deemed for the purposes of this section that an excess amount as aforesaid has been collected on each and every such transaction.
(3) Nothing in sub-section (2) shall apply where a person is required to collect such amount of tax separately in order to comply with the conditions and restrictions imposed on him under the provisions of any law for the time being in force.
(4) Notwithstanding anything contained in sub-section (2), a dealer who is not a works contractor and who has been permitted by the Commissioner to pay a lump-sum in lieu of tax under any provision of this Act, rules or notification shall not collect any sum by way of tax or in lieu of tax on the sale of goods if made during the period to which such lump-sum payment applies.
Agarwal Taxcon Pvt. Ltd. an ISO 9001:2008 Certified Company are offering our servicesinTaxation,Accounting, FinancialManagement, Consultancy and Advisory Services to various Corporates and Commercial Clients, MNC and Non-MNC as well NGOs and charitable institutions in India and abroad. Our company provides wide range of services with robust infrastructure and latest technology. The ATPL, professionals are involved in almost every aspect of business today from the corporate responsibility and sustainability to advisory services in India and abroad. We also offer a wide range of fully integrated tax and financial advisory services. Our approach combines insight and innovations from multiple disciplines with business and industry knowledge to help your company excel globally.
We have a stated policy of ensuring that quality services are offered to our clients, irrespective of their location and size. We have achieved this by bringing the professional and analytical skills, to every single assignment, that are developed through the academic backgrounds, internal training, ongoing professional education and engagement experience of our members internal training, ongoing professional education and engagement experience of our members.
Our practice and service discussed is driven by the aim of establishing long-term relationships with our clients. Our professionals at Agarwal Taxcon discuss the queries and doubts of the clients and find the best possible and most advantageous solution. Our services includes-