VidhiSangh

Supreme Court of India · 12/10/2018

ALD AUTOMOTIVE PVT. LTD. versus THE COMMERCIAL TAX OFFICER NOW UPGRADED AS THE ASSISTANT COMMISSIONER (CT) & ORS.

[2018] 13 S.C.R. 217 · 2018 INSC 964

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Summary

The Supreme Court upheld section 19(11) of the Tamil Nadu VAT Act, 2006 and dismissed the dealers’ appeals. Input tax credit was a statutory concession subject to the Act’s conditions. A missed monthly claim had to be made before the end of the financial year or within ninety days of purchase, whichever was later. That requirement was mandatory, consistent with section 3(3), and could not be extended by the assessing authority without statutory power.

Issues

  1. Whether the input-tax-credit deadline violated constitutional rights or conflicted with the charging provision.
  2. Whether the deadline was mandatory and could be extended for explained delay.

Provisions considered

Held

Result

All appeals dismissed. Section 19(11) upheld as valid and mandatory, with no assessing-authority power to extend its deadline. High Court’s liberty to pursue statutory appeals or objections retained.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 217.