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M/s. Hyundai Electronics India Ltd. Versus State Of Karnataka

2016 (11) TMI 1319 - KARNATAKA HIGH COURT

Whether deduction will be allowed by the assessee through credit note - Rule 31 of the Karnataka Value Added Tax Rules - Held that: - there is no discussion by the Tribunal on the aspect as to whether the burden is ever discharged by contemporaneous record or otherwise through satisfactory material that there was a policy by the manufacturer of giving discount at the end of the month if one reaches to a particular level - Petition allowed by way of remand. - S.T.R.P.NOS. 55/2015 & 288-297/2016 - .....

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ing on both the sides, petitions are finally heard. 3. The present petition is directed against the order dated 09.12.2014 passed by the Tribunal in ST A Nos.170-180/2012 whereby the Tribunal for the reasons recorded in the order has dismissed the appeals. 4. Short point of the case appears to be that as per the petitions, returns were filed under the Karnataka Value Added Tax Act, 2003 (hereinafter referred to as the Act ). Re-assessment proceedings were undertaken and ultimately vide order dat .....

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earned counsel appearing for petitioner and Mr. Vedamurthy, learned AGA appearing for respondents. 6. Principal contention raised by learned counsel appearing for petitioner is that as per Rule 31 of the Karnataka Value Added Tax Rules, credit note and debit note can be issued due to discount given or otherwise and such credit note or debit note if issued, same is required to be reflected and given adjustments as per Section 30 of the Act. In the present case, as per the petitioner, there was po .....

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) KAR.L.J. 533 (HC) (DB) the Tribunal disallowed the claim. Learned counsel relied on a decision of another Bench of this Court in the case of S.B.AUDIO AND VIDEO, GULBARGA vs THE ADDITIONAL COMMISSIONER OF COMMERCIAL TAXES, ZONE-I, BANGALORE AND OTHERS reported in 2016(85) KAR.L.J. 181 (HC)(DB) wherein it has been held in addition to the reflection in the invoice, there can be other mode for giving discount under Rule 31 and therefore he submitted that petitioner would be entitled to the benefi .....

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ls for no interference as the issue is already covered by the decision of the Division Bench in the case of SOUTHERN MOTORS supra and hence no question of law would arise for consideration in the present petitions. 8. It is true that one Division Bench of this Court in the case of SOUTHERN MOTORS supra has taken the view that how credit note and debit notes are to be issued as provided under Rule 31 and as per the view taken in the said decision, discount should be reflected in the invoice and i .....

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s of ₹ 100/-. Rule 28 stipulates that the tax invoice ought to be in duplicate. Thereafter Rule 29 mandates the particulars that a tax invoice must reveal or disclose. Rule 30 stipulates the particulars to be furnished in a bill of sale and Rule 31 stipulates the particulars that ought to be revealed in a debit and credit note. Thus, we conclude that the dealer is entitled to give further discounts even after the sale has been completed provided the discounts are the customary practice in .....

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is of the opinion that a discount is allowable under the tax invoice or sale bill. A further discount is also permissible by way of credit note and debit note subject to the condition it is demonstrated that the discounts are trade discounts or pursuant to a contract or agreement entered into between the seller and the dealer. The onus of proving the said fact is on the assessee and he ought to demonstrate that the discount given by him is in accordance with the provisions of the Act and Rules. .....

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