1968 (6) TMI 54 - HC - VAT and Sales Tax

Summary

Issues:
Whether the transaction evidenced by bill No. 49 dated 19th January, 1964, is an indivisible works contract or a composite contract involving the sale of cement jali for an estimated value thereof.

Analysis:
The case involved a firm manufacturing cement articles, including jalis, receiving a letter from an architect on behalf of a customer requesting quotations for manufacturing and fitting jalis in apertures. The contract entailed selecting a design, preparing rough cement blocks on rods, fitting them at the site, and fastening them during the building operation, resulting in the jali of the required design. The Deputy Commissioner of Sales Tax initially held it as a sale of cement jali, but the Tribunal deemed it an indivisible works contract. The principles for distinguishing between a sale contract and a works contract were discussed, citing precedents like State of Madras v. Gannon Dunkerley & Co. and State of Gujarat v. Kailash Engineering Co. The key distinction lay in whether there was an agreement to sell movables for a price and if property passed pursuant to that agreement. In this case, the contract involved constructing the jali on-site as per an approved design, with no sale of a ready-made jali or raw materials. The Tribunal's decision to treat it as an indivisible works contract was upheld.

The judgment highlighted the importance of the nature of the contract, emphasizing that in a works contract, there is no sale of goods involved. The contract in question required the manufacturer to prepare and fit the jali in the building gap as per the approved design, without any sale of a prepared jali or raw materials. It was deemed a job work contract for constructing the jali based on the specified design, fulfilling the criteria set in previous legal precedents. The court concluded that the transaction was an indivisible works contract, not a composite contract involving the sale of cement jali. The State was directed to bear the costs of the reference, and the Tribunal's decision was affirmed.

In conclusion, the judgment clarified the distinction between a works contract and a sale contract, emphasizing the absence of a sale of goods in a works contract. The specific details of the contract in question, involving the construction of a jali on-site as per an approved design, led to the determination that it constituted an indivisible works contract. The decision was based on established legal principles and precedents, affirming the Tribunal's classification of the transaction.