Supreme Court of India

M/s Ifb Industries Ltd. v. State of Kerala

Neutral citation
Reported as [2012] 4 S.C.R. 802
Bench Aftab Alam and Anil R. Dave JJ.
Decided 27 February 2012
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

Before parting with the case, we may state that so far as the special discount is concerned, all that the authorities have to look into whether as a matter of fact, the petitioner received only the sum originally charged less the discount.

Judgment, page 17

From the headnote

Sa/es Tax - Kera/a General Sales Tax Rules, 1963- r.9(a) - Trade discount - Eligibility for exemption - Held: Exemption is allowable subject to two conditions; first, the discount is given in accordance with the regular practice in the trade and secondly, the accounts should show that the purchaser had paid only the sum originally charged less the discount - Nothing in rule 9(a) to read it in the restrictive manner to mean that a discount in order to qualify for exemption under its provision must be shown in the invoice itself - Kera/a General Sales Tax Act, 1963 - s.2(xxvii). How far

Where later benches applied it

Of those, 1 referred to · 1 not applicable

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