Supreme Court of India
Maya Appliances (p) Ltd Now Known as Preethi Kitchen Appliances Pvt. Ltd. v. Addl.commissioner of Commercial Taxes & Ors
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
We are of the considered opinion that the requirement of reference of the disco unt in the tax invoice or bill of sale to qualify it for deduction has to be construed in relation to the transaction resulting in the final sale/ purchase price and not limited to the original sale sans the trade discount.
Judgment, page 10
From the headnote
Karnataka Value Added Tax Rules, 2005 – r.3(2)(c) – Claim for deduction of trade discount from the total turnover – Appel lant’s case that it offers a quantity discount to its distribu tors depending on their performance during the previous quarter – ccording to appellant, the discount is offered in the regular course of business and the amount which it receives towards sales cons ideration is only the net amount exclusive of discount, on which VAT is collected – Appellant claimed the discount as a deduction fro m the total turnover while arriving at the taxable turnover und er the Act – High
Authorities it was built on
Where later benches applied it
- 2023 Mah. Adiwasi Thakur Jamat Swarakshan Samiti v. The State of Maharashtra & Ors.
- 2019 Union of India v. Association of Unified Telecom Service Providers of India Etc.etc.
Of those, 1 mentioned · 1 not applicable
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