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1973 Supreme(Mad) 383

V.RAMASWAMY, G.RAMANUJAM
India Pistons Limited – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:S. Padmanabhan Assisted By S. V. Subramaniam For M/s. Subbaraya Aiyar, Sethuraman, K. Venkataswami, Advocates.

Judgment :-

RAMANUJAM, J.

These two cases relate to the same assessee in relation to two different assessment years, 1964-65 and 1965-66. The assessee, in the course of the assessment under the Central Sales Tax Act, 1956

The learned counsel for the assessee contends that the assessee is maintaining its books of account on a mercantile basis, that the amount allowed as discount to each of the distributors is credited to their accounts at the end of the year and that such crediting is as good as cash payment. It is urged that the amount given as discount actually goes to reduce the sale price payable by the distributors, that it never forms part of the consideration of the sale and that, therefore, it is only the net amount after deducting the said discounts that can be taken to be the taxable turnover. The learned counsel placed before us the details of the discount scheme that was effective during the assessment years in question. The scheme itself is called "bonus discount scheme" and the benefit of the scheme is not extended to all the customers but only to the distributors whose net purchases of all the finished products from the assessee exceeds the target figure agreed to betwe





















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