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1 - 6 of 6 (0.18 seconds)Section 2 in The Kerala General Sales Tax Act, 1963 [Entire Act]
Titaghur Paper Mills Co. Ltd vs State Of Orissa on 13 April, 1983
The
allowance enables the retailer to sell the goods at the catalogue
price and yet make a reasonable margin of profit after taking
into account his business expense. The outward invoice sent by
a wholesale dealer to a retailer shows the catalogue price and
against that a deduction of the trade discount is shown. The net
amount is the sale price, and it is that net amount which is
entered in the books of the respective parties as the amount
reliable. Orient paper Mills Ltd. v. State of Orissa, (1975) 35
STC 84: 1974 Tax LR 2224 (Ori.
Deputy Commissioner Of Sales Tax ... vs Motor Industries Co., Ernakulam on 18 February, 1983
30. The decision of this Court in Deputy Commissioner of Sales Tax(Law)
Board of Revenue (Taxes), Ernakulam v. Motor Industries Co, Ernakulam,
(1983) 2 SCC 108, is on rule 9(a) of the Kerala General Sales Tax Rules and
the discount admissible to exemption under that provision. It may, however,
be clarified that in terms of the rule, as it stood at that time, exemption was
allowable on trade discount given not only in accordance with the regular
practice in the trade but also in accordance with the terms of the contract or
agreement entered into a particular case. In Motor Industries Co. the claim
for exemption was on the basis of the agreement entered into between the
dealer and its purchaser, the retailer. But that is of no significance as the
issue in the case was in regard to the nature of discount admissible to
exemption under rule 9(a). This Court, upholding the decision of the Kerala
High Court allowing exemption to the dealer, held and observed as follows:-
Godavari Fertilisers And Chemicals ... vs Commissioner Of Commercial Taxes on 21 March, 2003
32. A bench of the Andhra Pradesh High Court in Godavari Fertilizers
and Chemicals Ltd. v. Commissioner of Commercial Taxes, (2004) 138 STC
133, examined a number of earlier decisions on this point and came to the
conclusion that a discount given by means of credit notes issued subsequent
to the sale is as much a trade discount admissible to deduction in
determining the turnover of a dealer.
Kalpana Lamps & Components Ltd. vs State Of Kerala on 6 April, 2001
33. A bench of the Kerala High Court in Kalpana Lamps and
Components Ltd. v. State of Kerala, (2006) 143 STC 666, in paragraphs 4
and 5 of the judgment observed and held as follows: -
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