1984 (9) TMI 262 - HC - VAT and Sales Tax

Summary

Issues:
Interpretation of contract as sale or contract of works and labor for printing services provided by the assessee.

Analysis:
The case involved a dispute regarding whether the printing charges received by the assessee for printing bill books constituted a contract of sale or a contract of works and labor. The assessing officer contended that since the assessee used its own paper for printing, it constituted a contract of sale. On the other hand, the Tribunal held that it was a contract of works and labor. The key issue was whether the use of the assessee's paper changed the nature of the transaction.

The High Court referred to the decision in the case of State of Himachal Pradesh v. Associated Hotels of India Ltd., where the Supreme Court emphasized that the passing of property during a transaction does not automatically make it a sale. The primary object of the transaction and the intention of the parties must be considered. Additionally, the court cited the principles laid down by the Supreme Court in the case of Assistant Sales Tax Officer v. B.C. Kame, highlighting that the main object of the work determines whether a contract is for sale or for works and labor.

Applying the principles established by the Supreme Court, the High Court concluded that in the instant case, there was no contract of sale but a contract of works and labor. The bill books were created through the labor and skill of the assessee, and the end product only came into existence after the printing process. Therefore, the contract was not for the sale of goods but for the provision of services. The court upheld the Tribunal's decision, noting that the authorities relied on by the Revenue did not adequately consider the Supreme Court's precedent in the case of B.C. Kame.

Ultimately, the High Court dismissed the revision filed by the Revenue, and each party was directed to bear their own costs. The judgment clarified the distinction between a contract of sale and a contract of works and labor in the context of providing printing services, emphasizing the importance of the primary object of the transaction in determining the nature of the contract.