2012 (7) TMI 1017

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....:- 20-7-2012<br>Writ Petition Nos. 21777-21793 of 2012 (T-Res) - -<br>CST, VAT & Sales Tax<br>-<br>H. G. Ramesh, J. For the Petitioner G. K. V. Murthy For the Respondent : T. K. Vedamurthy ORDER H. G. Ramesh, J. Heard. On being asked by the Court as to the statutory remedy of appeal available to the petitioner under the Karnataka Value Added Tax Act, 2003, learned counsel for the petitioner ....

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....amount allowed as discount. In this matter, the rectification is made by disallowing the discount offered by the petitioner to its customers on the ground that the tax invoices or the sale bills did not show the discounts offered. This factual aspect is not in dispute. 4. It is relevant to refer to Rule 3(2)(c) of the Rules which read as follows: "3. Determination of turnover. (1) The total t....

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.... discount: Provided that such discount is allowed in accordance with the regular practice of the dealer or is in accordance with the terms of any contract or agreement entered into in a particular case and the tax invoice or bill of sale issued in respect of the sales relating to such discount shows the amount allowed as discount; and Provided further that the accounts show that the purchaser ....

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....n State of Karnataka vs. M/s. Reliance Industries Ltd., rendered in STRP No.119/2008 [2010(68) Kar.L.J 337 (HC) (DB)], a copy of which is produced as Annexure - B. He submitted that the rectification orders are contrary to the said judgment. It is relevant to state that a Division Bench of this Court in State vs. Kitchen Appliances India Ltd. (2011(71) Kar.L.J.234 (HC)(DB)) after noticing the abov....