Rebate and Concession - Indian Laws - General

Expressions Rebate and Concession In the Dictionary of English Law by Jewitt at page 1480 is defined as: Rebate , discount; reducing the interest of money in consideration of prompt payment or otherwise; a deduction made from a payment. In Black s Law Dictionary , Second Edition, the meaning assigned to the word rebate is: Discount; reducing the interest of money in consideration of prompt payment. Also a deduction from a stipulated premium on a policy of insurance, in pursuance of an antecedent contract and also a deduction or drawback from a stipulated payment, charge, or rate not taken out in advance of payment, but handed back to the payer after he has paid the full stipulated sum. Corpus Juris Secundum defines the word rebate as The etymological or dictionary meaning of the term includes any discount or deduction from a stipulated payment, charge, or rate not taken as in advance of payment, but handed back to the payer after he has paid the stipulated sum, even when such discount or deduction is equally applied to all from whom such payment is demandable, The Kerala High Court in the case of Deputy Commissioner of Sales Tax v. Travancore Rayons Ltd. - 1960 (4) TMI 61 - KERALA HIGH COURT , after considering the aforesaid definitions held as under:- Rebate means relinquishing part of the liability by a person entitled to with a view to persuade a person liable to follow a particular conduct which such person was not otherwise compelled. DEPUTY COMMISSIONER OF SALES TAX, SOUTH ZONE, QUILON VERSUS TRAVANCORE RAYONS LTD. - 1960 (4) TMI 61 - KERALA HIGH COURT The common dictionary meaning of the word concession is the act of yielding or conceding as to a demand or argument, something conceded; usually implying a demand, claim, or request, a thing yielded , a grant . In the Dictionary of English Law by Earl Jowitt, the meaning of Concession is given as under : Concession , a grant by a central or local public authority to a private person or private persons for the utilisation or working of lands, an industry, a railway waterworks, etc. The expressions Rebate and Concession in the commercial parlance have the same concept. In Halsbury s Laws of England, 4th Edn. Para 198 it is observed as under : Application for rebate. - When a rating authority receives an application for a rebate it has a duty to determine whether the residential occupier is entitled to a rebate and, if so, the amount to which he is entitled; and it must request him in writing to furnish such information and evidence as it may reasonably require as to the persons who reside in the hereditament, his income, and the income of his spouse. Unless the rating authority is satisfied that the residential occupier has furnished all the information and evidence it requires, it is under no duty to grant a rebate. [INDIAN ALUMINIUM COMPANY LTD. VERSUS THANE MUNICIPAL CORPORATION- 1991 (9) TMI 162 - SUPREME COURT]