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TMI Blog2024 (6) TMI 1381X X X X Extracts X X X X X X X X Extracts X X X X ..... y although the supply may be subsequent to such agreement. In this case, the petitioner has prima facie established that neither of the requirements under sub-section (3) were satisfied. In such event, the supplier would be liable to pay tax on the full value of supply. The exercise of jurisdiction under Article 226 is discretionary and subject to self imposed fetters. One such fetter is when an efficacious alternative remedy is available. It should be borne in mind that the existence of an alternative remedy is a material consideration but not a bar to the exercise of jurisdiction. In the case at hand, on the basis that the other issues require reappraisal of evidence, the petitioner has approached the appellate authority in respect thereo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll within the scope of sub-section (3). Consequently, he contends that the credit notes issued by the supplier were financial credit notes. He also refers to Circular No.92/11/2019-GST dated 07.03.2019 to substantiate the above contention. Hence, the recipient / tax payer is not liable to reverse Input Tax Credit to the extent of the value of credit notes. 4. By referring to the relevant part of the impugned order, learned counsel submits that the discount offered by the supplier was erroneously construed as a service provided by the purchaser to the supplier. Consequently, he contends that the impugned order calls for interference on this issue. 5. Mr.C.Harsha Raj, learned Additional Government Pleader, accepts notice for the respondent. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the year. In other words, the amount is related to good performance done by the taxable person by way of increasing the sale and thereby to boost the total turnover of the supplier / company, which resulted in increase in goodwill of the company and also helps the company to market their products and if the company is in the stock market the value of the share of the company will automatically goes up. The taxable person in this end by performing a good sale have provided a service to the supplier and the supplier / company got the benefit of goodwill and sound marketability in the trading world. The above extract discloses that the assessing officer concluded that the taxable person is providing a service to the supplier while taking the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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