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august 2024

Supreme Court of India · 2024-08-02

The State Of Gujarat vs M/S Ambuja Cement Ltd

Citation / case number
2024 INSC 572
Court
Supreme Court of India
Petitioner
The State Of Gujarat
Respondent
M/S Ambuja Cement Ltd
Author
Abhay S. Oka
Bench
Abhay S. Oka

Judgment text excerpt

The Supreme Court held that under Section 11(3)(b) of the Gujarat Value Added Tax Act, 2003, the Value Added Tax and the value of purchases on which no tax credit was claimed cannot be included in the taxable turnover of purchases. The Court affirmed the interpretation of the Gujarat Value Added Tax Tribunal and the High Court, stating that the definition of 'purchase price' under Section 2(18) does not encompass VAT. Consequently, the appeal by the State of Gujarat was dismissed, upholding the lower courts' decisions.

The State Of Gujarat vs M/S Ambuja Cement Ltd · Niyam