1978 (2) TMI 191

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....YAR, C.J.-We see no ground to interfere with the decision of the Tribunal in this tax revision case. The assessee, M/s. Motor Industries Company Ltd., are manufacturers and dealers in fuel injective. For the assessment year 1972-73, it returned a total turnover of Rs. 11,58,032.51, and a taxable turnover of Rs. 9,79,154.34. It claimed exemption in respect of a turnover of Rs. 1,78,778.13. The a....

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....ese two special features, the Tribunal referred to the definition of "turnover" in section 2(xxvii) of the General Sales Tax Act, 1963, and, in particular, the explanation (2)(ii) to the said definition which enacts that any cash or other discount on the price allowed in respect of any sale and any amount refunded in respect of articles returned by customers shall not be included in the turnover. ....

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....that the assessee was entitled to the deduction in respect of service discount. It seems to make no difference whether the discount was paid at the time of the sale or only later. Neither the statutory provision nor the rule requires that the payment should be contemporaneous. 2.. The Tribunal referred to the decision of the Madras High Court in State of Madras v. Dunlop Rubber Co. (India) Ltd.....