2010 (2) TMI 1116 - HC - VAT and Sales Tax

Court remands case for Rule 31 details, dealer to clarify for benefit claim reconsideration.

The Court remanded the matter for the respondent to provide Rule 31 details, directing the assessing authority to reconsider the case in light of Rule 31 ... Incentive scheme - whether Tribunal was not justified in granting benefit of reduced tax in allowing the amount as trade discount on the strength of credit notes subsequent to the issue of invoices and that rule 3(2)(c) of the Rules had not been complied with by the respondent? Held that:- From the material on record, it is not known as to whether the details as stated in rule 31 of the Rules had been furnished by the assessee to the assessing authority at the time of claiming benefit under the said rule. Under the circumstances, we deem it proper to remand the matter to the assessing authority with a direction to the respondent-assessee to furnish all details in terms of 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. Revision petition is allowed Issues:Challenge to order of Karnataka Appellate Tribunal regarding deduction in taxable turnover claimed by respondent-assessee for certain months under Karnataka Value Added Tax Act, 2003 and Central Sales Tax Act, 1956.Analysis:The respondent-assessee, engaged in trading, claimed deduction in taxable turnover for April to September 2006 towards discounts allowed to purchasers, reducing taxable turnover on goods sold. The respondent issued invoices charging sales tax separately. An incentive scheme was offered to purchasers, resulting in credit notes and discounts, reducing taxable turnover. The assessing authority disallowed discounts, leading to an appeal. The Tribunal allowed the appeal, directing a revised demand notice based on the trade discounts from credit notes issued post-invoices.The petitioner argued that the Tribunal erred in granting reduced tax benefits based on post-invoice credit notes, alleging non-compliance with Rule 3(2)(c) of the Rules. The petitioner sought to set aside the Tribunal's order and uphold the first appellate authority's decision. Conversely, the respondent contended that the incentive scheme aimed at boosting sales and prompt repayments, with price adjustments post-invoice issuance through credit notes to encourage buyers.The Court acknowledged the incentive scheme's purpose to boost sales and prompt repayments via credit notes, automatically reducing invoice amounts and overall turnover for the month. However, the Tribunal failed to consider turnover variations due to credit notes, wrongly perceiving a conflict between Rule 3(2)(c) and Rule 31 of the Rules. Rule 3(2)(c) governs allowed discounts, while Rule 31 deals with credit and debit note particulars, necessitating disclosure by dealers when issuing credit notes to buyers, impacting invoice amounts. The Court noted that the assessing authority and the first appellate authority overlooked this aspect.Given the lack of clarity on whether the dealer furnished Rule 31 details to the assessing authority when claiming benefits, the Court remanded the matter for the respondent to provide Rule 31 details. The assessing authority was directed to reconsider the case in light of Rule 31 and issue fresh orders accordingly. Consequently, the revision petition was allowed based on these reasons.