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2009 Supreme(Ker) 1080

C.N.RAMACHANDRAN NAIR, V.K.MOHANAN
Ultra Tech Cement Ltd. – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant :Sri. A. Kumar, Advocate.
For the Respondent: K. Vinod Chandran, Government Pleader.

JUDGMENT :

C.N. Ramachandran Nair, J.

1. The question raised in the connected Writ Petitions and Writ Appeals is whether the appellants/petitioners are entitled to exemption from tax payable under the Value Added Tax Act, 2003, hereinafter called the "Act", on the discount allowed by them after sales through credit notes issued to purchasers. Excepting one or two assessee-dealers who are engaged in sale of automobiles and spares, all other assessees are either manufacturers or wholesalers of cement. Admittedly assessees made sales, collected tax under the Act, and remitted the same along with monthly returns. However, according to them, depending upon the target achieved, and the prompt payments, assessees have later issued credit notes to dealers representing discount which appellants/petitioners are entitled to deduction in the determination of taxable turnover and therefore the tax paid on the discount given should be refunded to them. The learned single Judge considered all the contentions in a detailed judgment but rejected the claim stating that the provisions of the Act and Rules and Form 8, which is the format of tax invoice prescribed under the Act and Rules do not provide f









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