2009 (6) TMI 948

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 3 is whether the Tribunal was justified in not considering the petitioner's claim for deduction of discount in the determination of taxable turnover. We have heard counsel appearing for the petitioner and Government Pleader appearing for the respondent. On going through the order of the Tribunal we notice that the Tribunal did not consider the claim because according to the Tribunal the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... dered the nature of discount claimed by the petitioner in the revised return filed and it's eligibility for deduction. Rule 9(a), relevant for the assessment years in question, is as follows: 9.. Determination of taxable turnover. In determining the taxable turnover, the amounts specified in the following clauses, shall subject to the conditions specified therein, be deducted from the total .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... esale to distributors and dealers. Sales are therefore first sales and discount if any given can only be trade margin to dealers. If tax is not to be charged on the dealer margin, then discount should be given in the invoice itself. If the petitioner has made sales in this way, then necessarily deduction should have been claimed in the monthly return itself as the taxable turnover does not cover d .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X