2009 (10) TMI 837 - HC - VAT and Sales Tax

Work awarded to the respondent by the oil companies in Kerala - whether did not provide for any interState sale of goods? Held that - As found by all the authorities, the work executed by the respondent was with materials purchased in Kerala and from outside Kerala and the sale for these items took place from the respondent to the awarders only in the course of execution of the works contract in terms of the contracts and not at any time anterior to that. The awarding companies have no case that they made any inter-State purchase of any equipment and issued the same to the respondent-contractor for incorporation in the works. On the other hand, the scope of the work covered procurement of the entire materials at the site and setting up of the system by the contractor. We, therefore, allow the revision petitions filed by the State by reversing the order of the Tribunal and by restoring the assessment confirmed in the first appeals.

Summary

Issues:
Challenge to Sales Tax Appellate Tribunal orders for assessment years 1997-98, 1998-99, and 1999-2000 regarding works contract turnover.

Analysis:
The judgment of the court addressed the challenge by the State against the Sales Tax Appellate Tribunal orders for the assessment years 1997-98, 1998-99, and 1999-2000 concerning the works contract turnover of the respondent/assessee. The respondent was awarded contracts for supply and installation of fire fighting equipment by Bharat Petroleum Corporation Ltd. and Indian Oil Corporation in Kerala. The question arose whether goods purchased from outside Kerala for the execution of works contract represented inter-State sales or should be included in the turnover assessable under the Kerala General Sales Tax Act. The Tribunal found that the goods were intended for resale in the State during the execution of works contract. The Tribunal also noted that the awarders treated the amounts paid as consideration for works contract and deducted tax at source. The first appellate authority confirmed the assessments, leading to second appeals before the Tribunal. The Tribunal's decisions varied, with a majority allowing the appeal for 1998-99 but others upholding the assessments for other years.

The Government Pleader argued that there were no inter-State sales of goods involved in the contracts awarded to the respondent by oil companies in Kerala. The respondent purchased goods from outside the State for resale in Kerala under concessional tax rates, supported by the awarders treating the contracts as work orders and deducting tax from payments. The Tribunal and dissenting member found these facts to be true for the assessment years in question. The Court disagreed with the Tribunal's majority decision for 1998-99, highlighting differences from a previous case and emphasizing that the works contract involved subsequent sales after inter-State purchase. The contracts were for supply and installation of fire fighting equipment tailored to the awarders' requirements, not for the purchase of specific equipment. The transfer of equipment occurred only upon installation and commissioning at the awarders' sites, making the concept of inter-State sale inapplicable. The Court rejected the argument to exclude the value of goods brought from outside Kerala from the turnover of works contract under the KGST Act, emphasizing that the location of the contractor's base was irrelevant to determining inter-State sales. The Court allowed the State's revision petitions by overturning the Tribunal's decision and reinstating the assessments confirmed in the first appeals.