Court :
Patna High Court
Brief :
The Hon'ble Patna High Court in PCM Cement Concrete Pvt. Ltd. v. The Union of India [Civil Writ No. 10444 of 2012 dated July 28, 2023] held that VAT was wrongly collected by the Indian Railways by misunderstanding the transaction as intra-state sale. The Indian Railways is liable to refund the illegal tax collected and can further claim the refund from the Bihar Value Added Tax Department.
Citation :
Civil Writ No. 10444 of 2012 dated July 28, 2023
The Hon'ble Patna High Court in PCM Cement Concrete Pvt. Ltd. v. The Union of India [Civil Writ No. 10444 of 2012 dated July 28, 2023] held that VAT was wrongly collected by the Indian Railways by misunderstanding the transaction as intra-state sale. The Indian Railways is liable to refund the illegal tax collected and can further claim the refund from the Bihar Value Added Tax Department.
M/s. PCM Cement Concrete Pvt. Ltd. ("the Petitioner") entered into agreement with the East Central Railway ("the Indian Railways") to manufacture pre-stressed concrete slabs and transport to the nearest Railway station.
The Indian Railways withheld the advance to the extent of value added tax purportedly under the provisions of Section 40 and 41 of the Bihar Value Added Tax Act, 2005 ("the Bihar VAT Act"), on the ground that the transaction is an intra-state transaction.
The Petitioner contented that the said amounts were illegally deducted, since the VAT Act has absolutely no applicability since the manufacture and supply of the goods by the Petitioner to the Railways was an inter-state sale and thus the Bihar VAT Act is not applicable.
The Petitioner filed writ before the Hon'ble Patna High Court seeking refund of VAT illegally withheld from the State of Bihar.
Whether the recipient is liable to refund the illegal tax collected from the supplier by misinterpreting the intra-state sale as inter-state in VAT regime?
The Hon'ble Patna High Court in Civil Writ No. 10444 of 2012, held as under:
Judgement posted by
Service
FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English