2001 (4) TMI 873 - HC - VAT and Sales Tax

Summary

Issues:
Applicability of discount under rule 9(a) of the Kerala General Sales Tax Rules, 1963.

Analysis:
The case involved a dealer in electrical goods challenging the disallowance of a special discount claim under rule 9(a) of the Kerala General Sales Tax Rules for the assessment year 1989-90. The assessing authority disallowed the deduction, which was affirmed by the Deputy Commissioner and the Tribunal. The Tribunal highlighted the requirement for discounts to be in accordance with regular practice or contractual terms, which the petitioner failed to establish. The petitioner claimed trade and cash discounts, which were allowed, but the special discount claim was not substantiated. The Tribunal emphasized the need for evidence regarding the circumstances of the special discount granted to customers.

The petitioner cited a Supreme Court decision emphasizing that discounts allowed as per regular practice or agreements should be deducted from the total turnover, provided they are supported by the accounts. The Court noted that the Tribunal dismissed the appeal based on the lack of evidence regarding the special discount's circumstances. The petitioner argued that they were not given an opportunity to explain, as both the assessing and appellate authorities rejected the case due to the absence of account books. Consequently, the petitioner requested a chance to clarify the circumstances of the special discount.

The Court stressed that authorities should verify whether the petitioner received the original sum less the discount to determine the applicability of the special discount. It was mentioned that the purpose of trade discounts is to boost trade, even if the exact reasons for special discounts may not always be clear. The Court concluded by setting aside the Tribunal's order and remanding the matter for fresh consideration, emphasizing the need for consistent practice in granting special discounts to be accepted by the assessing authority.

In conclusion, the Court's decision revolved around the lack of evidence regarding the special discount's regular practice or contractual basis, the importance of supporting discounts with proper accounts, and the necessity for authorities to allow for consistent practices in granting special discounts. The case was remanded for further consideration in line with the law and the Court's directions.