2016 (11) TMI 980

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....f Titan Industries Ltd., Indore vs. Assistant Commissioner, Commercial Tax, M.P. & Others reported in (2016) 28 STJ 612(MP), the Tribunal was justified in holding that the assessee is not entitled for the Trade Discount for the Assessment Year 2001-2002." 2. Brief facts of the case are that the applicant company is carrying on a business of purchase and sale of various types of motor vehicles, spare parts and accessories thereof. The applicant is an authorised dealer for Tata Diesel vehicles and Mahindra Tractors etc and is a duly registered dealer under the provisions of the MP Commercial Tax Act, 1994. as also under the provisions of the Central Sales Tax Act, 1956 for the period from 01/04/2001 to 31/03/2002. 3. The applicant being....

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....J 24. 6. Being aggrieved by the aforesaid order dated 29/07/2005, passed by the First Appellate Authority, the applicant filed second appeal before the M.P. Commercial Tax Appellate Board(MPCTAB). The learned Board rejected the appeal by order dated 14/08/2007 upholding the disallowance made by the assessing authority and confirmed by the First Appellate Authority. The appellate Board came to the conclusion that the discount given by the applicant was not in the nature of cash discount but such discount given by way of credit notes by describing it as rebate was really in the nature of trade discount. 7. The applicant, thereafter, filed an application under Section 70(1) of M.P. Commercial Tax Act, 1994 before MPCTAB for statement of ....

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....in the case of IFB Industries Ltd. (2012) 20 STJ 485 (SC); (2012) 49 VST 1 (SC), has been recently followed by the Division Bench of the Principal Seat at Jabalpur in the case of BPL Ltd. v. Assistant CCT, reported in (2014) 24 STJ 252 (MP) and has held that the appellant therein is entitled to deduction of discount allowed as per ordinary trade practice by way of credit notes without showing same in sale bill. The decision of the Division Bench in the case of BPL Ltd. (supra) has been further followed by the Division Bench of this Court in the case of M/s. D & H Secheron Pvt. Ltd. v. State of M.P., passed in W.P. No.14547 of 2010 on 5.08.2014. 27. On the basis of discussion made herein-above an in the light of the law laid down by....