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2012 (9) TMI 907 - HC - VAT and Sales TaxWhether it is permissible for the assessee to show the discount given by a separate credit note subsequently and claim deduction even though the said discount is not shown in the tax invoice or sale bill ? Held that:- Ratio laid down in Southern Motors' case [2008 (7) TMI 862 - KARNATAKA HIGH COURT] does not prohibit the issuance of credit note subsequent to the sale bill. It is held that such modification in the sale bill is permitted if it is done within six months from the date of sale transaction. In Kitchen Appliances' case [2011 (7) TMI 1051 - Karnataka High Court] the issue was whether rule 3(2)(c) and rule 31 of the Rules are inconsistent and are in conflict with each other. The issue whether the credit note could be issued separately after issuance of sale bill was not under the consideration in the said case. The ratio laid down by this court in the case of Reliance Industries [ 2010 (2) TMI 1116 - Karnataka High Court] squarely applies to the facts of this case. Accordingly, we answer the question of law against the Revenue. In that view of the matter, the impugned order is set aside and the matter is remanded to the assessing officer for fresh consideration by giv ing opportunity to the appellant/assessee to prove that the discount shown in the credit bills has been really extended to the customers.
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