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2010 (2) TMI 1064 - HC - VAT and Sales TaxVires of the words "and the tax invoice or bill of sale issued in respect of the sales relating to such discount shows the amount allowed as discount" in the proviso to rule 3(2)(c) of the Karnataka Value Added Tax Rules, 2005 (for short, "the Rules"), inserted by Notification No. FD.124.CSL.2006 dated May 27, 2006, retrospectively with effect from April 1, 2006 questioned Held that:- Keeping in mind the fact that the petitioner would suffer untold hardship and inconvenience, more appropriately since the petitioner cannot go back on its contractual terms with its customers for the period April and May 2006, and revoke the transaction, prepare fresh invoices showing the discounts, so as to comply with the amended provision of rule 3(2)(c) is illegal, unworkable, and a cause of serious concern for the petitioner. In the circumstances, the contentions supra advanced by the petitioner, are worthy of acceptance. Keeping in mind the fact that the petitioner would suffer untold hardship and inconvenience, more appropriately since the petitioner cannot go back on its contractual terms with its customers for the period April and May 2006, and revoke the transaction, prepare fresh invoices showing the discounts, so as to comply with the amended provision of rule 3(2)(c) is illegal, unworkable, and a cause of serious concern for the petitioner. In the circumstances, the contentions supra advanced by the petitioner, are worthy of acceptance.
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