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ANITA SUMANTH
Indian Oil Corporation Limited – Appellant
Versus
Deputy Commissioner (ST) – IV – Respondent
ORDER :
Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records on the files of the Respondent herein in TIN/33270460111/2011-12 and TIN/33270460111/2012-13, both dated 24.06.2019 quashing the same.
The petitioner in both Writ Petitions is an Oil manufacturing Company, the Indian Oil Corporation Limited (in short ‘IOCL’), a Public Sector Undertaking engaged in the marketing of petroleum products and registered as a dealer under the provisions of the Tamil Nadu Value Added Tax Act, 2006 (in short ‘Act’).
2. In the course of its business, it had purchased Petroleum products, such as Motor Spirit (petrol), High Speed Diesel oil (HSD), furnace oil, Low Sulphur Heavy Stock (LSHS), Bitumen and Naphtha among others. Furnace oil is an input for power generation and is used by HT industrial users as fuel in gensets, to ensure and maintain continuous production.
3. The period in and around 2012 and 2013 saw the State of Tamil Nadu face power shortages and hence the demand for furnace oil at the instance of th
The main legal point established in the judgment is the distinction between exempted goods and exempted transactions under the Tamil Nadu Value Added Tax Act, 2006, and the inapplicability of Section....
The UP VAT Act permits input tax credit for both taxable goods and by-products, emphasizing strict interpretation of tax statutes and legislative intent.
Maintenance of township is not integrally tied to business activities, thus ITC claims related to township electricity supply are invalid.
The central legal point established in the judgment is the right of the dealer to choose whether to avail the exemption, the applicability of input tax credit benefit, and the prospective nature of s....
Taxpayers are eligible for refunds of accumulated input tax credit even when input and output supplies are identical, as clarified through legislative amendments.
The main legal point established in the judgment is that the dealers are entitled to Input Tax Credit on evaporation/handling losses of the petroleum products under the provisions of the Haryana Valu....
feature of input tax credit is what gives value added taxes their main economic characteristic, that of neutrality -To deny the petitioner the benefit of ITC by thrusting an exemption not claimed by ....
Exemptions under G.O.Ms. No. 1091 are general under state law but do not qualify as general exemptions under the Central Sales Tax Act due to specific conditions in the exemption notification.
The legislative amendment to Section 10A of the Gujarat Sales Tax Act, 1969, effective from 01.04.1993, removed the exemption for turnover tax on sales to Oil Marketing Companies, establishing liabil....
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