VidhiSangh

Supreme Court of India · 06/11/2023

M/S MODI NATURALS LTD. versus THE COMMISSIONER OF COMMERCIAL TAX UP

[2023] 15 S.C.R. 746 · 2023 INSC 974

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Summary

The Supreme Court restored full input-tax credit on rice bran used to manufacture taxable rice-bran oil, notwithstanding production of exempt de-oiled rice bran as a by-product. The Uttar Pradesh VAT Act expressly deemed the purchased goods used in taxable manufacture. The revenue could not defeat that scheme by restricting the unqualified word goods in Section 13(1)(f) to taxable output alone. The Karnataka decision in M.K. Agro Tech arose under materially different provisions.

Issues

  1. Whether the exempt manufacturing by-product required reduction of input-tax credit.
  2. Whether goods in Section 13(1)(f) meant only taxable goods.
  3. Whether M.K. Agro Tech governed the Uttar Pradesh statutory scheme.

Provisions considered

Held

Result

Both appeals allowed. Common High Court judgment set aside and Commercial Tax Tribunal orders of 4 May 2016 and 5 July 2017 restored; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 746.