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of <h1>Court upholds constitutionality of rule 11(3) under OVAT Act, dismissing writ petitions.</h1> <h3>Bajrang Steel and Alloys Ltd. and Others Versus State of Orissa and Others</h3> Bajrang Steel and Alloys Ltd. and Others Versus State of Orissa and Others - [2011] 43 VST 235 (Ori) Issues Involved:1. Whether the framing of rule 11(3) is ultra vires section 20 of the OVAT Act.2. Whether rule 11(3) framed by the State Government in exercise of its power under section 94 is unguided, unfettered upon the State Government and whether the prescription of the said rule is for the purpose of carrying out the object of the Act.Issue-wise Detailed Analysis:1. Ultra Vires of Rule 11(3) to Section 20 of the OVAT Act:The petitioners, who are registered dealers under the OVAT Act, challenged the constitutionality of sub-rule (3) of rule 11 of the OVAT Rules, asserting it is ultra vires to section 20 of the OVAT Act. They argued that input-tax credit is to be regulated and determined under section 20 of the OVAT Act, which specifies that input-tax credit on purchases when sold in inter-State trade and commerce shall be allowed only to the extent of the Central sales tax payable. The petitioners contended that rule 11(3) should not apply to manufacturing units, as it is designed for resale or trading purposes. They further argued that the rule exceeded the power conferred upon the State Government, making it unauthorized and illegal.Court's Analysis:The court examined the definitions of 'input tax' and 'input-tax credit' under sections 2(26) and 2(27) of the OVAT Act, along with the definition of 'business' under section 2(7). It found that the term 'business' includes manufacturing, and thus, the petitioners, who are manufacturers, fall within this definition. The court noted that the OVAT Act allows for input-tax credit for goods used as raw materials in manufacturing. The proviso (d) of sub-section (3) of section 20 explicitly states that input-tax credit on purchases sold in inter-State trade or commerce is limited to the Central sales tax payable. Since the petitioners did not challenge the constitutional validity of this proviso, the court held that framing rule 11(3) by the State Government was within its statutory power and not ultra vires.2. Unguided and Unfettered Power under Section 94:The petitioners argued that the State Government's power under section 94 of the OVAT Act to frame rules was excessive, unguided, and unfettered. They claimed that the requirements of rule 11(3) and the VAT form 201 were contrary to the express provisions of section 20(3) of the OVAT Act and violated articles 14 and 265 of the Constitution.Court's Analysis:The court found that section 94 of the OVAT Act empowers the State Government to frame rules to carry out the purposes of the Act. Rule 11(3) and the related VAT form 201 were framed to give effect to the provisions of section 20(3), proviso (d). The court held that the particulars required in annexure IIA of form VAT 201 were necessary for traders to avail of input-tax credit while selling manufactured goods in inter-State trade. The court concluded that the framing of rule 11(3) was not an excessive or arbitrary exercise of power by the State Government. It was in consonance with the statutory provisions and aimed at achieving the objectives of the OVAT Act.Conclusion:The court dismissed the writ petitions, holding that rule 11(3) was not ultra vires section 20 of the OVAT Act and that the State Government's power under section 94 was not unguided or unfettered. The rule and the related VAT form 201 were found to be lawful and necessary for the implementation of the OVAT Act's provisions.
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