2006 (8) TMI 531 - HC - VAT and Sales Tax

Bihar court disallows CST adjustment against input tax credit; calls for potential legislative changes

Neo Carbon Pvt. Limited Versus State of Bihar and another United Paper Board Versus State of Bihar and another

The court ruled that under the Bihar Value Added Tax Act, 2005, it is not permissible to claim adjustment of Central sales tax (CST) against input tax ... - Issues involved:- Permissibility of claiming adjustment of Central sales tax (CST) against input tax credit under Bihar Value Added Tax Act, 2005.Detailed Analysis:The judgment dealt with the issue of whether it is permissible to claim adjustment of Central sales tax (CST) against input tax credit under the Bihar Value Added Tax Act, 2005. The petitioners in two cases sought to adjust their CST liabilities against input tax credit accruing from taxes paid on the purchase of raw materials. The petitioners challenged a circular letter issued by the Commissioner-cum-Secretary, Commercial Taxes, which stated that CST liabilities cannot be adjusted against input tax credit under the Act. The counsel for the petitioners argued that the purpose of providing input tax credit was to allow set-off of other tax liabilities, including CST, to the extent of the credit held by the dealer. On the other hand, the Additional Advocate-General representing the State contended that liabilities under the Central Sales Tax Act could not be adjusted against credit arising under the State Act. An amicus curiae appointed by the court also supported this view, stating that the petitioners' claim was untenable.The judgment delved into the definitions provided by the VAT Act, such as 'input,' 'input tax,' and 'output tax,' to establish the framework for understanding the issue at hand. The court analyzed Section 16 of the Act, which governs input tax credit claims by registered dealers. The provision outlines the circumstances under which input tax credit can be claimed, including for goods sold in the course of inter-State trade. The counsel for the petitioners emphasized that Section 16(1)(b) explicitly allowed credit of input tax if goods were sold in inter-State trade, supporting the petitioners' argument for adjusting CST liabilities against input tax credit. However, another perspective presented by Mr. Jain highlighted the distinction between the accrual of input tax credit and the permissibility of adjusting tax liabilities against that credit.The court ultimately sided with Mr. Jain's interpretation, stating that the Bihar Value Added Tax Act and Rules did not currently allow for the adjustment of CST against input tax credit. It was noted that while some states, like Jharkhand, had provisions permitting such adjustments, Bihar did not have similar provisions. The judgment recommended that Bihar consider incorporating provisions for adjusting CST against input tax credit to align with the principles of value-added tax laws and prevent double taxation. The writ petition was dismissed, with the observation regarding the potential inclusion of adjustment provisions in the future. The judgment was to be brought to the attention of relevant government officials for consideration.