2001 (7) TMI 1255 - HC - VAT and Sales Tax

Summary

Issues:
Whether the manufacture and supply of rolling shutters, collapsible gates, grills, etc., as per the terms of the contract, would amount to works contract or a sale?

Analysis:
The case involved a tax revision by a dealer/assessee against the Sales Tax Appellate Tribunal's order. The dispute arose during the assessment year 1985-86 when the assessing authority granted exemption on a disputed turnover related to supplying and fixing shutters, grills, etc., as works contract. The Deputy Commissioner later withdrew the exemption, considering it a sale. The Tribunal upheld the Deputy Commissioner's decision, leading to the dealer's appeal before the High Court.

The petitioner contended that the supply and fixing of shutters, grills, etc., constituted a continuous works contract, not a sale. The Tribunal disagreed, citing judgments from previous cases. The petitioner argued that the Tribunal erred in relying on irrelevant precedents and presented Supreme Court decisions supporting their position. The Government Pleader supported the Tribunal's decision, emphasizing the contract terms showing a sale rather than a works contract.

The main issue revolved around whether the transactions constituted a works contract or a sale based on the terms of the contract. The Tribunal's finding highlighted that the contract terms indicated a sale, with the dealer's responsibility ceasing upon delivery. The High Court referenced guidelines from previous cases to determine the nature of the contract, ultimately dismissing the petitioner's appeal based on the evidence and contract terms presented.

The High Court also compared the case to Supreme Court judgments involving similar disputes. In one case, the apex Court ruled a contract as a works contract due to the continuous nature of the work, contrasting with the present case's findings. Another Supreme Court case emphasized the indivisibility of a contract, which was not applicable to the current scenario based on the evidence presented.

Additionally, the High Court referred to a previous case involving shipbuilding to support the distinction between a works contract and a sale, further reinforcing the decision to dismiss the tax revision case. Ultimately, the High Court found no merit in the petitioner's arguments and upheld the Tribunal's decision, dismissing the petition without costs.