2008 (7) TMI 1077 - HC - VAT and Sales Tax

Summary

Issues involved: Challenge to order under Section 65(1) of Karnataka Value Added Tax Act, 2003 regarding disallowed refund claim on chassis of goods vehicle for an export-oriented unit.

Summary:
The revision petition was filed challenging the order passed by the Karnataka Appellate Tribunal, which disallowed the refund claim on the chassis of a goods vehicle under Section 11(3) of the Karnataka Value Added Tax Act, 2003. The appellant, an export-oriented unit, purchased the chassis for transporting iron ore for export. The Tribunal held that the chassis purchase was not for manufacturing or processing but solely for transportation, thus denying the refund claim. The High Court, after considering the facts, upheld the Tribunal's decision, stating that no substantial question of law arose in the case.

The appellant, an export-oriented unit, claimed a refund on the input tax for the chassis of a goods vehicle purchased for transporting iron ore for export. The authorities, including the Appellate Tribunal, denied the refund under Section 11(3) of the Act, stating the chassis purchase was not for manufacturing or processing but only for transportation. The High Court concurred with this interpretation, finding no substantial question of law in the matter.

The Tribunal held that the appellant's purchase of the chassis for transporting iron ore did not qualify for a refund under the Act, as it was not for manufacturing or processing but solely for transportation purposes. The High Court affirmed this decision, stating that the chassis purchase was not for business use as defined in the Act, leading to the dismissal of the petition.