9911796707
TMI Blog2012 (9) TMI 907X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court] the issue was whether rule 3(2)(c) and rule 31 of the Rules are inconsistent and are in conflict with each other. The issue whether the credit note could be issued separately after issuance of sale bill was not under the consideration in the said case. The ratio laid down by this court in the case of Reliance Industries [ 2010 (2) TMI 1116 - Karnataka High Court] squarely applies to the facts of this case. Accordingly, we answer the question of law against the Revenue. In that view of the matter, the impugned order is set aside and the matter is remanded to the assessing officer for fresh consideration by giv ing opportunity to the appellant/assessee to prove that the discount shown in the credit bills has been really extended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ataka v. Reliance Industries Ltd. [2012] 51 VST 274 (Karn); [2010] 68 Kar.LJ 602 as a mere order of remand and to have passed the impugned revisional order without following the said judgment ? (ii) Whether, in the facts and circumstances of the case of the appellant, the revisional order passed by the Additional Commissioner of Commercial Taxes, Zone II impugned herein without making known the order issued by the Commissioner of Commercial Taxes in terms of section 61 of Karnataka Value Added Tax Act, 2003 confer ring jurisdiction on him to exercise the powers of revision under section 64(1) of the said Act, is sustainable ? (iii) Whether, in the facts and circumstances of the case of the appellant, the statutory provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liability or in any way come in the way of assessees claiming the benefit under section 30 of the Act. That is a procedure for claiming the benefit. Moreover, the benefit envisaged under section 30 of the Act is only to make a correction within six months from the date of the sale transaction on finding the tax charged/collected is more or less, by issuing a credit note or debit note and in case goods are returned within the prescribed period, to issue a credit note forthwith and claim the value to be excluded from the taxable turnover. The value of the sale transaction is as fixed at the time of sale and even in terms of the charging section. There is no scope for fixing the price later. If under the rule, the benefit is made available sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar. LJ 602, wherein paras 8 and 9, the following observations are made (pages 277 and 278 in 51 VST): 8. Having heard the learned counsel for the parties and on perusal of the material on record, it is not in dispute that in terms of the incentive scheme the respondent has given to its various purchasers credit notes with the purpose of encouraging them to sell greater quantities of its products and also with regard to prompt repayment. The issuance of the credit notes would automatically mean that the amounts as mentioned in the invoices would be reduced which would result in reduction in the overall turnover relating to the goods sold for the particular month. However, we find that the Tribunal has not taken into consideration va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rule 31 of the Rules and thereby direct the assessing authority to reconsider the entire matter in the light of the said provisions and pass fresh orders in accordance with law. 7. The ratio laid down by this court in Southern Motors' case [2008] 18 VST 161 (Karn) does not prohibit the issuance of credit note subsequent to the sale bill. It is held that such modification in the sale bill is permitted if it is done within six months from the date of sale transaction. In Kitchen Appliances' case [2012] 51 VST 439 (Karn), the issue was whether rule 3(2)(c) and rule 31 of the Rules are inconsistent and are in conflict with each other. The issue whether the credit note could be issued separately after issuance of sale bill was not un ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
