Indira Devi.A.V vs. State Of Kerala

OT.Rev/167/2020HC KeralaGSTCNR KLHC01029637202025 November 2022Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE BASANT BALAJI8 pages
AI SummaryRemanded

Held

The Court held that trade discount receipts do not form part of sales turnover and cannot be subjected to assessment, referencing a Full Bench order. The impugned order of the Commissioner was set aside.

Facts

The petitioner, a dealer in cement, received a discount which the revenue sought to include in taxable turnover and disallowed input tax credit. Multiple assessment and appeal proceedings occurred, with the High Court previously setting aside an assessment order.

Key Issues

Whether trade discount receipts are includible in taxable turnover and whether input tax credit can be disallowed on such receipts.

Sections Cited

Section 25, Section 56, Section 59

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 25TH DAY OF NOVEMBER 2022 / 4TH AGRAHAYANA, 1944 O.T.REV. NO.167 OF 2020 (AGAINST THE ORDER No.CT/1288/18-R2 DATED 06.11.2019 BY THE COMMISSIONER OF STATE & GOODS SERVICE TAX DEPT., KERALA, THIRUVANANTHAPURAM) REVISION PETITIONER/ASSESSEE: INDIRA DEVI.A.V, AGED 54 YEARS, STAR TRADERS, 28TH MILE, NAVAIKULAM, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SHRI.S.SURESH BABU (CHERUNNIYOOR) SHRI.SIVANKUTTY S. RESPONDENT/REVENUE: STATE OF KERALA, REPRESENTED BY THE COMMISSIONER, STATE GOODS AND SERVICE TAX DEPARTMENT, TAX TOWERS, KARAMANA, THIRUVANANTHAPURAM-695 002. BY GOVERNMENT PLEADER, SMT. M.M. JASMIN THIS OTHER TAX REVISION (VAT) HAVING COME UP FOR ADMISSION ON 25.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OT.Rev.167/2020 2

(Dated: 25th November, 2022)

Basant Balaji, J.

The revision petitioner challenges the order of the Commissioner of State Goods and Services Tax Department, Kerala dated 06.11.2019.

The judgment continues below.

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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.