2013 (3) TMI 545 - HC - VAT and Sales Tax

The appellant was award a contract by the Railways for supplying specified sized gitti - lump-sum payment of tax by way of composition U/s 19 - Held that - In the impugned order the Appellate Board has found that the supply was not in execution of a works contract. Unless the supply is in execution of a works contract, rule 31(1), quoted below, will not apply. This appeal has no merit and is accordingly dismissed. Rule 31(1) Every registered dealer referred to in Section 19 desirous of making a lumpsum payment by way of composition in respect of the tax payable by him in relation to goods to be supplied in the execution of a works contract or contracts shall within thirty days of the commencement of the execution of the works contract or contracts, unless prevented by sufficient cause, make an application in Form 37 to the appropriate Commercial Tax Officer.

Summary

Issues:
- Entitlement to make lump-sum payment of tax by way of composition under Rule 31 in relation to goods supplied in the execution of a works contract.
- Determination of whether the supply of "gitti" by the appellant was in the execution of a works contract.

Analysis:
The case revolved around the appellant being awarded a contract by the Railways for supplying specified sized "gitti" and stacking them at the designated point. The appellant sought a lump-sum payment of tax through composition. The key issue was the interpretation of Rule 31, which outlines the conditions for making such a payment in relation to goods supplied in the execution of a works contract. The rule mandates that the application for lump-sum payment must be made within thirty days of the commencement of the works contract. The central question was whether the supply of "gitti" constituted the execution of a works contract as per the rule.

The court emphasized that not every supply automatically qualifies as a works contract, as that would render specific provisions redundant. The determination of whether a supply falls within the ambit of a works contract is crucial for the application of Rule 31(1). In this case, the Appellate Board had ruled that the supply of "gitti" was not part of a works contract. The court concurred with this finding, noting the absence of evidence to establish that the supply was indeed in execution of a works contract.

Therefore, the court concluded that the appellant's appeal lacked merit and dismissed it accordingly. The judgment underscores the importance of establishing a clear link between the supply of goods and the execution of a works contract to avail the benefits under Rule 31 for lump-sum tax payment through composition. The ruling reaffirms the need for a substantive connection between the supply activity and the works contract to qualify for the specified tax treatment.