VidhiSangh

Supreme Court of India · 08/04/2025

NEHA ENTERPRISES versus COMMISSIONER, COMMERCIAL TAX, LUCKNOW, UTTAR PRADESH

[2025] 5 S.C.R. 475 · 2025 INSC 476

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A dealer whose sales to manufacturer-exporters were exempt from tax under Section 7(c) of the Uttar Pradesh Value Added Tax Act, 2008 (by the notifications of 24.02.2010 and 25.03.2010, against Form-E) is not entitled to input tax credit on the purchase tax paid on those goods, because Section 13(7) expressly bars input tax credit where the dealer's sale of the goods is exempt under Section 7(c). The Court declined to read the State's policy of encouraging exporters into the statute against its clear words and affirmed the reversal of the credit.

Issues

  1. Whether a registered dealer can claim input tax credit under Section 13(1) of the Uttar Pradesh Value Added Tax Act, 2008 on purchases of goods that it sold tax-free to manufacturer-exporters under a notification issued under Section 7(c), in view of the embargo in Section 13(7).
  2. Whether the policy objective behind the Section 7(c) exemption (encouraging manufacturer-exporters) can be invoked to extend input tax credit to the selling dealer despite the words of Section 13(7).

Provisions considered

Held

Result

Civil appeal dismissed; the High Court's order dated 24.11.2014 dismissing the revision, and the orders of the assessing officer, first appellate authority and Tribunal reversing the input tax credit, stand. No order as to costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 475.