VidhiSangh

Supreme Court of India · 02/08/2024

THE STATE OF GUJARAT versus M/S AMBUJA CEMENT LTD.

[2024] 8 S.C.R. 34 · 2024 INSC 572

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Summary

The Supreme Court upheld the Gujarat VAT Tribunal and High Court in holding that, when computing the turnover of purchases for the 4% reduction of tax credit under Section 11(3)(b) of the Gujarat Value Added Tax Act, 2003, both the VAT paid on purchases and the value of purchases on which no tax credit was claimed or granted must be excluded, because the definition of 'purchase price' in Section 2(18) is exhaustive and names only central excise and customs duties.

Issues

  1. Whether value added tax paid on purchases forms part of the 'taxable turnover of purchases' for the reduction of tax credit under Section 11(3)(b) of the GVAT Act.
  2. Whether purchases on which tax credit was neither claimed nor granted are to be included in that turnover.
  3. Whether the definition of 'purchase price' in Section 2(18) of the GVAT Act is exhaustive.

Provisions considered

Held

Result

State's appeals dismissed, upholding the Tribunal and the High Court; the connected Transfer Cases were allowed in terms of this judgment.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 34.