Niyam v2 is live — start for just ₹100 — 200 credits to try

october 1979

Supreme Court of India · 1979-10-12

DEPUTY COMMISSIONER OF SALES TAX (LAW) BOARD OF A REVENUE(T vs ADVANI OORLIKON (P) LTD. TRIVANDRUM

Citation / case number
SC 1976/60824
Court
Supreme Court of India
Petitioner
DEPUTY COMMISSIONER OF SALES TAX (LAW) BOARD OF A REVENUE(T
Respondent
ADVANI OORLIKON (P) LTD. TRIVANDRUM
Author
R.S. PATHAK
Bench
R.S. PATHAK

Judgment text excerpt

The Supreme Court held that under the Central Sales Tax Act, 1956, trade discount does not form part of the taxable turnover. The Court distinguished between cash discount and trade discount, clarifying that trade discount is a deduction from the catalogue price allowed to retailers, which does not attract sales tax. The Court upheld the decision of the Appellate Tribunal and the High Court, affirming that the taxable turnover should be calculated after deducting trade discounts from the catalogue price, as per Section 2(h) of the Act.

DEPUTY COMMISSIONER OF SALES TAX (LAW) BOARD OF A REVENUE(T vs ADVANI OORLIKON (P) LTD. TRIVANDRUM · Niyam