TMI Blog2015 (4) TMI 1130X X X X Extracts X X X X X X X X Extracts X X X X ..... finality [2008 (7) TMI 862 - KARNATAKA HIGH COURT] and issue on hand relating to claim deduction of “discount component” from “taxable turnover” having been laid to rest by Division Bench of this court in [2014 (4) TMI 590 - KARNATAKA HIGH COURT] which is now pending before Apex Court in SLP(Civil) - Since impugned order is an appealable order this court refrains to exercise the writ jurisdiction. Hence, Writ Petitions stands dismissed. - WRIT PETITION NO.4363/2015(T-RES) - - - Dated:- 15-4-2015 - MR. ARAVIND KUMAR, J Petitioner By Sri.B.Raveendran, Advocate Along With Sri.Manohar N., Advocate ORDER Heard Sri.B.Raveendran, learned counsel appearing for petitioner and Sri.Vedamurthy, learned HCGP appearing for respondent-St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in STA 120/2012 and STA Nos.1-10/2013 and this court by order dated 19.03.2014 Annexure-D affirmed the order passed by Additional Commissioner by dismissing the appeals. Petitioner is said to have filed Special Leave Petition in SLP No.12189-199/2014 which SLP has since been converted into SLP (Civil) vide Annexure-E and same is pending. 3. Issue involved in the present writ petitions relates to petitioner-assessee claiming deduction amounts indicating discount allowed or granted by petitioner to its customers under Rule 3(2)(c) under Karnataka Value Added Tax Act. As already observed herein above the Assessing Officer in the instant case has disallowed the same and matter is now under consideration before Apex Court. In the meanwhile c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... take a different view from the view taken by Co-ordinate Bench in W.P.9464/2008, I am not inclined to take a different view particularly when the Co-ordinate Bench has exhaustively dealt with the contentions raised therein and negatived. Grounds urged in this writ petition are identical and similar to the grounds urged in the said writ petition. That apart Division Bench while examining the second appeal of present assessee had the occasion to consider similar plea one which is raised in the present writ petition namely that discount allowed by assessee had been reflected in the tax invoice and it was granted as per regular practice and what the assessee received by way of consideration was net after deducting of discount and as such asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for the assessee fairly submits that the discount shown in the invoice was not for the sale of goods mentioned in the said invoice but it was for the performance of the assessee during 3- 6 months prior to the date of invoice. The scheme discount offered clearly shows that it was by way of incentive to the dealer for doing good business during 3-6 months prior to the date of invoice. It is definitely not relatable to the sale of goods by the said invoice. It is necessary that the discount reflected in the tax invoice of sale should be in respect of the sales relating to such discount shown in the said invoice. Rule 3 of the KVAT Rules clearly provides that the tax invoice or bill of sale should be in respect of the sales relating to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available to the aggrieved person and that this rule applies with greater rigour in matters involving recovery of taxes, cess, fees, other types of public money and the dues of banks and other financial institutions. In our view, while dealing with the petitions involving challenge to the action taken for recovery of the public dues, etc., the High Court must keep in mind that the legislations enacted by Parliament and State Legislatures for recovery of such dues are code unto themselves inasmuch as they not only contain comprehensive procedure for recovery of the dues but also envisage constitution of quasi judicial bodies for redressal of the grievance of any aggrieved person. Therefore, in all such cases, High Court must insist that befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from discharging their constitutional and legal obligations towards the citizens. In cases relating to recovery of the dues of banks, financial institutions and secured creditors, stay granted by the High Court would have serious adverse impact on the financial health of such bodies/institutions, which ultimately prove detrimental to the economy of the nation. Therefore, the High Court should be extremely careful and circumspect in exercising its discretion to grant stay in such matters. Of course, if the petitioner is able to show that its case falls within any of the exceptions carved out in Baburam Prakash Chandra Maheshwari v. Antarim Zila Parishad (AIR 1969 SC 556), Whirlpool Corporation v. Registrar of Trade Marks, Mumbai (1998) 8 SC ..... X X X X Extracts X X X X X X X X Extracts X X X X
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