2017 (10) TMI 1371 - SC - VAT and Sales Tax

Whether the learned Tribunal has erred in holding that the LPG and acetylene gas are not fuel as per Section 11(3)(b)(iii) of the Gujarat Value Added Tax Act? - List the matter after two weeks.

Summary

Issues:
1. Interpretation of Section 11(3)(b)(iii) of the Gujarat Value Added Tax Act regarding LPG and acetylene gas classification as fuel.
2. Availability of Input Tax Credit on purchases for construction of capital goods.

Analysis:
1. The judgment addressed two questions referred to the High Court. The first question (A) pertained to whether the Tribunal erred in determining that LPG and acetylene gas do not qualify as fuel under Section 11(3)(b)(iii) of the Gujarat Value Added Tax Act. The High Court's decision favored the petitioner, citing precedents in the cases of State of Gujarat through Commissioner vs. SAL Steel Limited and State of Gujarat vs. Balram Cement Ltd. The Court sought clarification from the petitioner's counsel regarding any appeals against the referenced judgments and scheduled a follow-up after two weeks for further consideration.

2. The second question (B) involved the availability of Input Tax Credit on purchases of materials like steel, cement, kapachi, and greet for the construction of capital goods. The Supreme Court found no fault with the High Court's ruling on this matter, indicating agreement with the view taken. The judgment did not raise any issues with the decision related to Input Tax Credit availability for construction-related purchases.

This comprehensive analysis highlights the specific legal issues addressed in the judgment, the interpretations made by the High Court, and the Supreme Court's stance on each question referred for consideration.