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Supreme Court of India 2017-09-22 allowed

State of Gujarat vs Reliance Industries Limited

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This case concerns VAT credit reduction for fuels used in manufacturing. Reliance Industries purchased furnace oil, natural gas, and light diesel oil as raw materials for manufacturing polymers and chemicals, then transferred finished goods to branches outside Gujarat. The Supreme Court held that Section 11(3)(b) of the Gujarat VAT Act permits reduction of tax credit by 4% under both sub-clauses (ii) and (iii) when goods fall within both categories—once for branch transfer of manufactured goods outside the State, and again for fuel used in manufacture. However, the reduction cannot exceed the tax credit actually allowed. For furnace oil (4% VAT), reduction is limited to 4%. For other fuels at higher VAT rates, reduction applies at 4% under each applicable sub-clause.

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Indirect Taxation Value Added Tax Tax Credit Statutory Interpretation

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