Essar Oil’s plea on interest on sales tax to be considered in Apex court on Sept 12: Report

30 Aug 2012 Evaluate

India's second largest private oil refiner, Essar Oil, has sought five years from Supreme Court to pay sales taxes, which is much against the wish of Gujarat government, that has demanded the payment of Essar’s dues within six months, as mentioned in media reports. Embarking upon a major capital expansion scheme, as sales tax scheme mandates 50 per cent of the collected amount to be re-invested, the company has requested for an installment-based payment scheme. The company, after paying Rs 1000 crore to the Gujarat government as per the apex court's direction, is yet to pay remaining Sales Tax dues of about Rs 5,414 crore.

However, Essar’s plea for remission of the past interest from April 2008 to January 2012, has met with some response. Supreme Court issued notice to the Gujarat Government seeking reply on the limited question as to whether the company was liable to pay the interest on the Sale Tax dues on its petroleum refinery at Vadinar in Jamnagar District. Reasoning that benefits of sales tax scheme were availed by the only after the Gujarat High Court favorable decision in April 2008, the company is seeking remission of the past interest of about Rs 1,932 crore. However, Apex court would now consider the issue of interest on sales tax on September 12.

The apex court, late in January, rejecting the Essar Oil’s petition seeking relief in paying Rs 6,414 crore sales tax liability through annual installments and exemption in paying interest on the penalty, ordered Gujarat government to expedite the recovery from the company.

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