2014 (7) TMI 930 - HC - VAT and Sales Tax

Discount through credit note - whether the discount allowed by the appellant herein a retail dealer as per ordinary trade practice by way of credit note cannot be subjected to deduction from the sale price of the vehicle or not - Held that - discount through credit note issued even subsequent to a sale without their mention in the sale voucher of the bill is permissible. It has been held that the claim for deduction of the amount of trade discount cannot be disallowed only on the ground that the discount amount were not shown in the sale invoice or the bills issued. Once allowing of discount is established from the material available on record, the same has to be allowed - appellants are entitled to deduction claimed for with regard to the discount allowed by them as a retailer based on ordinary trade practice by way of issuing credit note even without showing the same in the sale invoice or the bill - Following decision of IFB Industries Ltd. v. State of Kerala 2012 (3) TMI 66 - Supreme Court of India - Decided in favour of assessee.

Summary

Issues:
1. Whether discount allowed to retailers as per ordinary trade practice by way of credit notes is deductible from the sale price?

Analysis:
The judgment deals with the issue of whether the discount allowed by a retail dealer through credit notes as per ordinary trade practice can be subjected to deduction from the sale price of the vehicle. The appellant was assessed for tax under the commercial tax law for the assessment year 2002-03. The Revenue contended that unless the rebate or discount is indicated in the vouchers and sale documents, no deduction from the sale price is permissible. On the contrary, the appellant argued that discounts, even without being disclosed in the vouchers and bills, should be permissible. The key question revolved around whether the discount granted through credit notes, even if not explicitly mentioned in the sale documents, should be considered for deduction from the sale price.

The Supreme Court's decision in IFB Industries Ltd. v. State of Kerala [2012] 49 VST 1 (SC); [2012] 20 STJ 285 was pivotal in resolving the issue. The Supreme Court held that discounts granted through credit notes, even if issued post-sale without being reflected in the sale voucher or bill, are permissible. The Court emphasized that the claim for deduction of trade discount cannot be denied solely on the basis of non-inclusion in the sale invoice or bills. Once the allowance of discount is evident from the available evidence, it must be permitted. The judgment clarified that the mere absence of discount details in the sale documents does not invalidate the claim for deduction based on ordinary trade practices.

The respondents attempted to justify their stance by referring to the judgment in the case of Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes), Ernakulam v. Advani Oerlikon (P.) Ltd. [1980] 45 STC 32 (SC). However, the Court elucidated on the interpretation of this judgment in para 30 of the IFB Industries Ltd. case and subsequently made a decision. Relying on the legal principles established in the IFB Industries Ltd. case, the Court concluded that the appellants are entitled to the deduction claimed for the discount allowed as per ordinary trade practice through credit notes, even if not explicitly mentioned in the sale invoice or bill.

As a result of the above analysis and in adherence to the Supreme Court's ruling, the Court allowed the appeal and directed the refund of any tax amount recovered from the appellant concerning the discount issue. The judgment emphasized the importance of recognizing trade practices and ensuring that legitimate deductions are not denied based solely on technicalities related to documentation.