Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2019 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (8) TMI 1828 - ORISSA HIGH COURTValidity of suo motu orders of revision - revision of trade discount given by the petitioner - validity of credit notes issued by the petitioner to its dealer - fresh demand of tax - HELD THAT:- Reliance placed in the Hon’ble Supreme Court in the case of Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes) Ernakulum v. Motors Industries Company, [1983 (2) TMI 251 - SUPREME COURT] held that “ all amounts allowed as discount either in accordance with regular practice or in accordance with agreement would be deductible from the total turnover provided they are duly supported by the entries in the accounts of the assessee. There are sufficient force in the contentions raised by the learned counsel for the petitioner and it is opined that the issue involved in these two writ petitions are squarely covered by the decisions relied upon by the learned counsel. In that view of the matter, since the matter is covered, it is deemed appropriate to allow the writ petitions by quashing the impugned orders. The amounts paid by the petitioner and the amounts paid by virtue of the interim orders of this Court dated 11.07.2006 in both the writ petitions are directed to be refunded - petition disposed off.
|