Post-invoice discount and turnover must be reconsidered on remand, with the assessment reopened for fresh examination

Post-invoice discount and its effect on turnover required fresh consideration by the assessing officer. The Karnataka HC disposed of the appeal by following an earlier decision of the same Bench in a similar matter, and the parties agreed that the constitutional challenge need not be decided if the matter was remanded on merits. The assessment was remitted so the officer could reconsider the turnover question in light of the claimed discount after invoice issuance and the relevant provisions and observations in the earlier decision.

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Issues: Whether the matter required remand to the assessing officer for reconsideration of the effect of post-invoice discount on turnover.

Analysis: The appeal was disposed of by following an earlier decision of the same Bench in a similar matter. The parties agreed that the constitutional challenge need not be decided in the appeal if the matter was remanded on merits. The issue was whether the assessing officer should reconsider the turnover question in the light of the discount claimed after issuance of the invoice and the relevant provisions and observations in the earlier decision.

Conclusion: The matter was remanded to the assessing officer for fresh consideration of the discount and turnover issue in accordance with law.

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