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RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Soni Auto and Allied Industries Ltd. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Aforesaid batch of writ applications involve common question of law and were tagged to be heard together and same are being disposed of by this common order.
2. The short issue involved in these writ petitions is “Whether Petitioner-company is entitled to claim Input Tax Credit on Intrastate stock transfer of goods and denial of the same to it is contrary to amended provisions of Section 18(8)(ix) of the Jharkhand Value Added Tax Act, 2005 (for short ‘JVAT Act’)”?
3. For the sake of ready reference, facts of individual cases are enumerated hereunder in short:
The main legal point established in the judgment is the entitlement of a dealer to claim Input Tax Credit on Intrastate stock transfer of goods under Section 18(8)(ix) of the JVAT Act, and the impact....
The UP VAT Act permits input tax credit for both taxable goods and by-products, emphasizing strict interpretation of tax statutes and legislative intent.
A registered dealer under the VAT Act is deemed to have discontinued business upon the introduction of the GST Act, requiring the reversal of unutilized ITC as per the Act's provisions.
Input Tax Credit under GST is a concession, not an absolute right, subject to conditions including actual tax payment by suppliers and adherence to filing deadlines.
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