K. SATYANARAYAN SUBUDHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) While admitting the present revision petition on 23/11/2015, the following questions were framed for consideration:

(2.) As far as the first question is concerned, the relevant entry in Part III of the Schedule B to the Odisha Value Added Tax Act, 2004 (OVAT Act) i.e., Entry 80 in Part II Schedule B reads as "Ores and Minerals" and the rate of tax is 4%. For all other items, the residual entry is attracted and the tax rate is 12.5%.

(3.) Considering that the Petitioner is dealing in lime powder which is obviously a derivative of a mineral, the question of treating it under the residual entry does not arise. Consequently, lime powder ought to have been taxed only with reference to Entry No.80 of Schedule B Part II of the OVAT Act and taxed accordingly.