1983 (2) TMI 256 - HC - VAT and Sales Tax

Summary

Issues involved: Determination of taxable turnover for a press u/s 28 of the Sales Tax Act for the assessment year 1973-74. Whether turnover from transactions involving supply of paper and printing work constitutes sales of finished products or works contract.

Summary:
The assessee, a press, returned a taxable turnover for the assessment year 1973-74, which was determined higher by the assessing authority. The dispute arose regarding transactions where the assessee supplied paper and did the printing work. The assessing authority, appellate authority, and Tribunal considered this turnover as sales of finished products, leading to a tax liability. The assessee contended that the transactions should be viewed as works contracts, emphasizing the intention of the parties and the substance of the contract.

The Tribunal held the transactions as indivisible sales of finished products based on the supply of paper and printing work. The Court analyzed previous decisions but found them not universally applicable. Emphasizing the intention of the parties, it was noted that the finished products supplied by the assessee were not commercially marketable to others, supporting the view of two separate contracts for paper sale and labor supply. The Court referred to a decision holding such transactions as works contracts.

Citing precedents, including a Kerala High Court decision, the Court concluded that the disputed turnover should be treated as a works contract, not sales of finished products. The tax case was allowed, setting aside the orders of the Tribunal and lower authorities, with no costs imposed.