Vedanta LTD vs. The Additional Commissioner

STA/29/2017HC KarnatakaGSTCNR KAHC01044596201703 September 2021Bench: S.SUJATHA,RAVI V HOSMANI21 pages
For Respondent: SRI K.HEMA KUMAR, AGA
AI SummaryAllowed

Held

The Court held that mining tippers used in mining activities are capital goods integral to the manufacture or processing of iron ore. Therefore, the input tax credit restrictions under the Fifth Schedule are not applicable.

Facts

The assessee claimed input tax credit on mining tippers used for transporting iron ore within the mining area. The department denied this credit, citing restrictions on motor vehicles under the KVAT Act.

Key Issues

Whether input tax credit is admissible on mining tippers used for transporting iron ore within the mining area, considering the restrictions on motor vehicles.

Sections Cited

Section 2(7), Section 2(16), Section 11(a)(2), Fifth Schedule, Section 12, Section 64

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF SEPTEMBER, 2021

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND THE HON’BLE MR. JUSTICE RAVI V. HOSMANI

S.T.A.No.29/2017

BETWEEN :

VEDANTA LTD., (FORMERLY KNOWN AS SESA STERLITE LTD.,/SESA GOA LTD.,) MEGHALAHALLI OFFICE COMPLEX NEAR MEGHALAHALLI VILLAGE, BHEEMASAMUDRA CHITRADURGA DISTRICT REP BY ASSOCIATE GENERAL MANAGER, TAXATION Mr. BENICIO MENEZES.

...APPELLANT

(BY SRI GOPAL MUNDHRA, ADV. A/W SRI PARTH PAREKH, ADV. A/W SRI AJAY J. NANDALIKE, ADV.)

AND :

THE ADDITIONAL COMMISSIONER OF COMMERICIAL TAXES, (ZONE)-III, 8TH FLOOR, VTK-I, GANDHINAGAR, BANGALORE.

…RESPONDENT

(BY SRI K.HEMA KUMAR, AGA.) THIS STA FILED UNDER SECTION 66(1) OF THE KARNATAKA VALUE ADDED TAX ACT, 2003 AGAINST THE ORDER DATED 26.09.2017 PASSED IN ZAC-3/DVG-SMR- 7/2017-18 ON THE FILE OF THE ADDITIONAL COMMISSIONER OF COMMERCIAL TAXES, (ZONE)-3 GANDHINAGAR, BENGALURU, SETTING ASIDE THE ORDER DATED 05.09.2013 PASSED IN KVAT-AP-148 TO 155/2013-14 ON THE FILE OF THE JCCT, DAVANAGERE, APPEALS ALLOWING THE APPEALS FILED AGAINST

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