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january 2017

Supreme Court of India · 2017-01-18

Southern Motors vs State Of Karnataka & Ors

Citation / case number
AIR 2017 SUPREME COURT 476
Court
Supreme Court of India
Petitioner
Southern Motors
Respondent
State Of Karnataka & Ors
Author
Amitava Roy
Bench
Amitava Roy, Dipak Misra

Judgment text excerpt

The Supreme Court interpreted Rule 3(2)(c) of the Karnataka Value Added Tax Rules, 2005, in conjunction with Section 2(34) and Section 30 of the Karnataka Value Added Tax Act, 2003, to determine the eligibility of post-sale discounts for deduction from taxable turnover. The Court held that only discounts mentioned in tax invoices are eligible for deduction, thereby affirming the High Court's decision in State of Karnataka vs. M/s Kitchen Appliances India Ltd. The appeals by the dealers were dismissed, reinforcing the interpretation that discounts not disclosed at the time of invoicing cannot be deducted from the total turnover.

Southern Motors vs State Of Karnataka & Ors · Niyam