Facts of the Case

The petitioner, JSW Steel Limited, is engaged in the manufacture and sale of steel products. For its manufacturing operations, the company procured High Speed Diesel (HSD) from dealers located in other States. Prior to the introduction of the Goods and Services Tax (GST) with effect from 01.07.2017, the petitioner purchased HSD at the concessional Central Sales Tax (CST) rate of 2% by issuing C-Forms under Section 8(3)(b) of the Central Sales Tax Act, 1956.

After GST came into force, the definition of "goods" under the CST Act was amended, and the Union Government issued an Office Memorandum dated 07.11.2017 stating that the expression "goods" under Section 8(3)(b) would carry the amended meaning under Section 2(d) of the CST Act. Based on this clarification, the State of Karnataka issued a Circular dated 02.03.2018 restricting the issuance of C-Forms for interstate purchases of petroleum products including HSD.

The petitioner challenged the validity of the Circular and sought issuance of C-Forms for interstate procurement of HSD used in the manufacturing process. The petitioner also relied upon the decision of the Punjab & Haryana High Court in Carpo Power Ltd., which had been affirmed by the Supreme Court, as well as the Union Government's communication directing implementation of that judgment across all States.

Issues Involved

  1. Whether a manufacturer remained entitled to the concessional CST rate of 2% on interstate purchases of High Speed Diesel used in manufacturing under Section 8(3)(b) of the Central Sales Tax Act after the introduction of GST.
  2. Whether the Karnataka Government Circular dated 02.03.2018, restricting issuance of C-Forms for HSD purchases, was legally sustainable.
  3. Whether the petitioner was entitled to issuance of C-Forms for the period from 01.07.2017 to 31.03.2021.

Petitioner's Arguments

  • The petitioner submitted that HSD continued to be used directly in the manufacturing process of steel and therefore qualified for concessional CST under Section 8(3)(b) of the CST Act.
  • It argued that prior to GST, C-Forms were regularly issued and there was no justification for denying the same after GST merely because of the amended definition of goods.
  • The petitioner relied upon the Punjab & Haryana High Court judgment in Carpo Power Ltd., wherein similar restrictions had been quashed and issuance of C-Forms was directed.
  • It was further submitted that the said judgment had been upheld by the Supreme Court and the Union Government itself had instructed all States to implement the decision uniformly.
  • Despite these developments, Karnataka continued to enforce the impugned Circular, causing unlawful denial of C-Forms.

Respondents' Arguments

  • The Union of India and the State authorities contended that the writ petition lacked merit.
  • It was argued that Section 8(3)(b) of the CST Act had subsequently been amended with effect from 01.04.2021, and therefore the petitioner was not entitled to the relief claimed beyond the amended statutory framework.

Court Order / Findings

The Karnataka High Court allowed the writ petition.

The Court observed that the issue had already been settled by the Punjab & Haryana High Court in Carpo Power Ltd., whose judgment had been affirmed by the Supreme Court. The Union Government had also issued a communication directing all States to implement that decision.

Accordingly, the Court held that the Karnataka Circular dated 02.03.2018 could not survive in law and deserved to be quashed.

The Court declared that the petitioner was entitled to the concessional CST rate of 2% on interstate purchases of High Speed Diesel used in manufacturing for the period 01.07.2017 to 31.03.2021.

The Court directed the State authorities to issue C-Forms in favour of the petitioner for the said period.

However, the Court clarified that after the amendment to Section 8(3)(b) with effect from 01.04.2021, the benefit would no longer be available for transactions undertaken thereafter.

Important Clarification

  • Manufacturers using High Speed Diesel in the manufacturing process remained eligible for concessional CST against C-Forms during the period 01.07.2017 to 31.03.2021.
  • State Governments could not deny issuance of C-Forms contrary to the law laid down in Carpo Power Ltd. and accepted by the Supreme Court.
  • The benefit is confined to the period before the amendment to Section 8(3)(b) effective from 01.04.2021.
  • From 01.04.2021 onwards, manufacturers cannot claim the benefit under the amended statutory provisions.

Sections Involved

  • Section 8(3)(b), Central Sales Tax Act, 1956
  • Section 2(d), Central Sales Tax Act, 1956
  • Section 13, Taxation Laws (Amendment) Act, 2017
  • Articles 226 and 227 of the Constitution of India

Link to Download the Order

https://www.mytaxexpert.co.in/uploads/1785400217_2359compressed.pdf

Disclaimer

This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.