2009 (6) TMI 948 - HC - VAT and Sales Tax

Summary

Issues involved: Whether the Tribunal was justified in not considering the petitioner's claim for deduction of discount in the determination of taxable turnover for the assessment years 2001-02 and 2002-03.

Summary:
The Kerala High Court, in the judgment delivered by Justice C.N. Ramachandran Nair, addressed the issue raised by the petitioner regarding the Tribunal's decision on the deduction of discount in the taxable turnover assessment. The Tribunal did not consider the claim, stating that the assessing officer had already allowed the claim while determining the taxable turnover. However, the Tribunal acknowledged that the amount claimed was scheme discount, the eligibility of which was not assessed. The Government Pleader argued that scheme discount is not entitled to deduction under rule 9(a) of the Kerala General Sales Tax Rules, 1963. The petitioner's counsel contended that the assessing officer had allowed the discount but made an error in the computation. The Court noted that none of the authorities had considered the nature of the discount claimed by the petitioner and its eligibility for deduction.

The relevant rule, 9(a) of the Kerala General Sales Tax Rules, specifies that only trade discounts given in the bills are allowable as deductions in the computation of taxable turnover. The rule emphasizes that the purchaser must have paid the price charged less the discount, and tax should be charged only on the net amount after the discount. The petitioner, a manufacturer supplying goods wholesale, should have claimed the deduction in the monthly return if discounts were given in the invoice. The Court differentiated between trade discounts and scheme discounts, stating that scheme discounts, given through credit notes by manufacturers and wholesalers to dealers, are outside the scope of rule 9(a) deductions.

As the assessing officer did not consider the facts related to monthly returns, annual returns, bills, and credit notes, the Court decided to set aside the Tribunal's orders and remand the matter to the assessing officer. The assessing officer was directed to verify the records and allow the discount claim to the extent permissible under the law.