M/S. Sri Venkateswara Traders vs. The Assistant Commissioner (St)
Held
The Court allowed the writ petitions, following its previous order in W.P.No.45971 of 2018. The assessment orders passed by the 1st respondent, which levied GST on the value of broken rice, bran, and husk by treating them as part of the consideration for custom milling of paddy, were set aside. The Court clarified that the petitioners would still be liable to pay tax on the sale of these by-products if they are statutorily taxable. The ratio decidendi is that by-products obtained from custom milling are not to be automatically considered as part of the consideration for the milling service unless otherwise established, and the principle established in the cited precedent applies. The operative direction was to set aside the impugned assessment orders.
Facts
The petitioners filed a batch of writ petitions challenging assessment orders passed by the 1st respondent (authority not specified but implied to be a GST authority). These orders levied Goods and Services Tax (GST) on the value of broken rice, bran, and husk, which were obtained by the petitioners as by-products from custom milling of paddy. The petitioners argued that the issue was covered by a previous order of the High Court in W.P.No.45971 of 2018, dated 20.11.2020. The respondents, represented by the Government Pleader for Commercial Tax, did not dispute this submission.
Key Issues
1. Whether the by-products (broken rice, bran, and husk) obtained from custom milling of paddy are to be treated as part of the consideration for custom milling services, thereby attracting GST on their value? Petitioner's contention: The petitioners contended that the subject matter of these writ petitions is squarely covered by the order of this Court in W.P.No.45971 of 2018, dated 20.11.2020, and therefore, the same relief should be granted. They relied on the said previous judgment of the High Court. Revenue's contention: The learned Government Pleader for Commercial Tax, representing the respondents, did not dispute the petitioners' submission that the matter was covered by the previous High Court order. No specific arguments or reliance on provisions/circulars were recorded for the revenue.
AI-generated summary — verify with the full judgment below
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO AND HON’BLE MS. JUSTICE J. UMA DEVI
WRIT PETITION Nos.3315, 3323, 3346, 3353, 3355, 3358, 3359, 3366 AND 3386 of 2021
COMMON ORDER: (per UDPR,J)
These batch of writ petitions are filed challenging the assessment orders passed by the 1st respondent levying GST on the value of broken rice, bran and husk obtained by the petitioners on custom milling of the paddy.
Heard learned counsel for petitioners, Sri G.Narendra Chetty, learned Government Pleader for Commercial Tax, representing on behalf of respondents 1 and 2, Sri P.Hema Chandra, learned standing counsel, representing on behalf of 3rd respondent and learned Assistant Solicitor, representing on behalf of the 4th respondent.
When the matter is taken up for hearing, learned counsel for petitioners would submit that the subject matter in these writ petitions is squarely covered by the order passed by this Court in W.P.No.45971 of 2018, dated 20.11.2020 and the same order may be passed in these writ petitions also. Learned Government Pleader for Commercial Tax representing on behalf of respondents has not disputed the said fact.
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