2019 (1) TMI 611

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....ndum of revision : "(1) Whether, on the facts and in the circumstances of the case, the order of the Appellate Tribunal is sustainable under law ? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in confirming the disallowance of the discount despite filing of credit notes and declaration as per Circular No. 41/2007 issued by the supplier company ? (3) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that the circular instructions contained in 41/2007 are not applicable to dealers like the petitioner? (4) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal....

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....at the details as avail-able in form No. 9 is not seen in the credit note filed by the assessee before the AO. The AO also did not refer to any declaration having been filed by the assessee of the manufacturer. 4. The learned counsel for the assessee argued that no credit note can be filed in form No. 9 since it specifically deals with only return of goods. Rule 59 of the Kerala Value Added tax Rules, 2005 ("the Rules", for short) speaks of credit notes to be issued under Form No. 9 in cases where section 41 is applicable, which provision is specifically with respect to return of goods. It is also argued that if there is no deduction of output tax claimed by the manufacturer, going by Circular No. 41/2007 and the binding precedent in Pri....

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....lar was applicable only to cement dealers. But this court in Priya Agencies [2008] 14 VST 293 (Ker) ; [2008] 16 KTR 287 (Ker) found that the circular being confined to cement dealers is not proper and it should be extended to all dealers. Hence, there was an amendment made to the fifth proviso bringing in such condition of credit notes being made available along with the declaration of no output tax deduction having been claimed. 7. Having gone through Form No. 9, we are of the opinion that it is not confined to a mere transaction of return of goods. Rule 59 and section 41 read together would only indicate that if a credit note is issued on return of goods, then it should be in Form No. 9. This is not to say that the form prescribed for ....