9911796707
TMI Blog2024 (7) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 thereof. As regards this issue, si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cable GST statutes, learned counsel submits that the value of supply would not include a discount only if the conditions prescribed in clauses (a) or (b) of sub-section (3) are satisfied. According to him, the case at hand does not fall 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... noticed that the discount has been received after the sale was effected by the taxable person. The word discount received is nothing but an amount received from the supplier in the name of discount to increase the volume of sale during 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 sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. It is needless to say that a writ petition would not ordinarily be entertained once the person aggrieved has chosen to challenge other issues in an order before an appellate authority. 9. For reasons set out above, impugned order dated 26.02.2024 is set aside only insofar as defect no.3 relating to reversal of Input Tax Credit for the value of credit notes issued by the supplier is concerned. As a corollary, defect no.3 is remanded for reconsideration by the original authority. After providing a reasonable opportunity to the petitioner, including a personal hearing, the assessing officer is directed to issue a fresh order within three months from the date of receipt of a copy of this order. 10. W.P.No.17434 of 2024 is disposed of on t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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