1991 (7) TMI 321 - HC - VAT and Sales Tax

Summary

Issues:
- Claim for exemption on a turnover representing the value of supply of machinery as a works contract.
- Interpretation of clauses in the contract for creation and supply of goods.
- Determination of whether the transaction constitutes a works contract or a sale of goods.
- Comparison with relevant case law on similar transactions.
- Upholding the concurrent findings of the assessing authority, appellate authority, and Tribunal.

Analysis:
The petitioner initially reported a total and taxable turnover but later claimed exemption on a substantial turnover representing the supply of machinery to a specific entity as a works contract. This claim for exemption was rejected by all relevant authorities, leading to the filing of the present revision. The primary contention raised by the petitioner was that the contract in question was for creation and not the supply of goods, emphasizing specific clauses in the contract to support this argument.

Upon examination of the clauses in the contract related to the scope of the contract and inspection procedures, the Court found that the supply of certain components by the contractee and the inspection of components at the contractor's works did not negate the essential nature of the transaction as a sale of goods. Additionally, the Court highlighted clauses indicating the procurement of raw materials by the contractor and the value of free issue materials provided by the contractee, which further supported the conclusion that the transaction was a sale of goods rather than a works contract.

In support of its decision, the Court referenced a judgment by the Supreme Court in a similar case involving the free supply of components, emphasizing that the transaction in question aligned with the general test for determining a sale of goods. The Court distinguished a different case cited by the petitioner, emphasizing the unique circumstances and nature of the contract involved. Ultimately, the Court upheld the concurrent findings of the lower authorities that the transaction constituted a sale of goods, dismissing the revision accordingly and ruling against the petitioner.

In conclusion, the Court's detailed analysis of the contract clauses, comparison with relevant case law, and affirmation of the lower authorities' findings established the nature of the transaction as a sale of goods rather than a works contract, leading to the dismissal of the revision.