VidhiSangh

Supreme Court of India · 06/02/2018

MAYA APPLIANCES (P) LTD NOW KNOWN AS PREETHI KITCHEN APPLIANCES PVT. LTD. versus ADDL.COMMISSIONER OF COMMERCIAL TAXES & ORS

[2018] 2 S.C.R. 250 · 2018 INSC 99

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Summary

The Supreme Court allowed deduction of trade discounts in computing Karnataka VAT turnover, subject to proof linking them to the relevant sales and reflecting the final net price in the accounts. A discount was not inadmissible merely because it was quantified later or absent from the original invoice. Following Southern Motors, the Court rejected a literal invoice requirement that would defeat genuine periodic discounts. The assessee’s entitlement remained governed by the stated documentary and accounting parameters.

Issues

  1. Whether quarterly discounts based on earlier performance could be deducted although not reflected in the original sales invoices.

Provisions considered

Held

Result

Appeals allowed; High Court judgment set aside. Trade-discount deduction directed for the relevant years subject to Southern Motors paragraph 40 and the specified proof and accounting requirements. No costs.

Judgment PDF: Supreme Court of India, [2018] 2 S.C.R. 250.