1992 (7) TMI 307 - HC - VAT and Sales Tax

Summary

Issues:
1. Assessment of turnover for a lump sum contract of supplying and fixing doors and windows.
2. Determination of whether the transaction constitutes a works contract or a contract of sale for sales tax purposes.

Analysis:
The High Court of Madras heard a tax case challenging the assessment order for the assessment year 1978-79 related to a lump sum contract for supplying and fixing doors and windows. The assessing authority disputed the turnover of Rs. 39,063, claiming it as a works contract. The petitioner argued that the transaction was not a works contract, as evidenced by the invoices specifying the supply and fixing of doors and windows made according to approved blueprints. The petitioner contended that the price charged was a lump sum without differentiation between materials and services. The first appellate authority and the Tribunal upheld the assessment, relying on a previous court decision. The petitioner argued based on Supreme Court precedents that the transaction should be considered a works contract exempt from sales tax.

The Court considered the invoices and concluded that the petitioner undertook to manufacture doors and windows according to specifications and fix shutters, constituting a works contract. Referring to the Supreme Court's criteria, the Court determined that the transaction was primarily for work and labor, making it a works contract not subject to sales tax. The Court distinguished the previous court decision cited by the lower authorities, emphasizing that each case must be decided based on its specific facts. The Court set aside the Tribunal's order, ruling in favor of the petitioner, and allowed the tax revision case without costs.

In conclusion, the High Court of Madras held that the transaction in question constituted a works contract, not a contract of sale, based on the criteria established by the Supreme Court. The Court overturned the Tribunal's decision and allowed the petitioner's tax revision case, emphasizing the need to assess each case based on its individual facts.