2014 (11) TMI 967 - HC - VAT and Sales Tax

Exemption in respect of receipts from labour contract - revenue denied the benefit of exemption to the person opting for compounded rate as per section 8(a)(i) of Kerala Value Added Tax - charging section 6 and concessional rate of tax payable under section 8(a)(i) - Held that - one has to carefully analyse and understand the words used at section 6 and also at section 8(a) (i) of the Act. Section 8(a) (i) only refers to tax payable on the whole contract amount without referring to turnover. Once he chooses to seek benefit under section 8 to pay concessional rate of tax, it has to be on the whole contract amount which would mean value of entire contract done by him in respect of a particular contract or with respect to the work done in a year, without any bifurcation claiming exemption. But, in an instance where during an assessment year the assessee does only labour contract for one person and composite work for another person, there is no obligation to pay compounded tax for the said labour work, but in respect of the composite work, the compounded tax has to be paid. The liability to pay compounded tax arises only if there is a liability to pay tax. If it is a composite contract involving a labour contract and supply of materials, the assessee will become liable to pay tax. If the labour contract is pure and simple there is no liability to pay tax and consequently there is no liability to pay compounded tax as well. Under these circumstances, we are of the view that the assessing officer has to verify the contract in question especially the contract with Indian Oil Corporation and verify whether it amounts to works contract or a pure and simple labour contract. - Decided partly in favor of assessee.

Summary

Issues Involved:
1. Applicability of Section 8(a)(i) of the Kerala Value Added Tax Act regarding "whole contract amount."
2. Whether exemptions and deductions applicable under Section 6 can be applied to Section 8(a)(i).
3. Tax liability on pure labour contracts under the compounded tax scheme.
4. Verification of contract nature (labour vs. works contract).

Detailed Analysis:

Issue 1: Applicability of Section 8(a)(i) regarding "whole contract amount"
The primary issue is the interpretation of "whole contract amount" under Section 8(a)(i) of the Kerala Value Added Tax Act. The Tribunal opined that the "whole contract amount" refers to the entire value of the works contract executed by the assessee, excluding pure labour contracts as they do not involve material procurement. The Tribunal remanded the matters to the assessing authority to verify documents and allow claims accordingly.

Issue 2: Exemptions and Deductions under Section 6 vs. Section 8(a)(i)
The State contended that Sections 6(1) and 8(a)(i) operate in different realms, and exemptions under Section 6 cannot be applied to Section 8(a)(i) unless explicitly provided. The Tribunal's findings were challenged as erroneous, asserting that the "whole contract amount" under Section 8(a)(i) includes all receipts towards the contract, and no bifurcation for exemptions should be allowed.

Issue 3: Tax Liability on Pure Labour Contracts
The Tribunal's decision was contested by the State, arguing that a dealer opting for compounded tax under Section 8(a)(i) must pay tax on the entire contract amount, including labour contracts. The Tribunal had allowed exemptions for pure labour contracts, which the State opposed, stating that the compounded tax scheme does not permit such exemptions.

Issue 4: Verification of Contract Nature
For O. T. Rev. No. 57 of 2013, the assessee claimed that the labour work at the Indian Oil Corporation site was a separate contract not subject to tax under the Act. The Tribunal found that the assessing officer must verify whether the contract is purely for labour or involves a works contract. The Tribunal's remand for verification was upheld, directing the assessing officer to determine the nature of the contract.

Judgment Summary:
1. O. T. Rev. No. 57 of 2013: Allowed, directing the assessing officer to verify the terms of the contract with Indian Oil Corporation to determine if it is a pure labour contract exempt from tax.
2. O. T. Rev. Nos. 134, 135, and 136 of 2013: Dismissed, confirming the Tribunal's decision that no evidence was provided to challenge the findings of the assessing officer regarding the tax liability on the whole contract amount.
3. O. T. Rev. Nos. 130 of 2013, 22 of 2014, 23 of 2014, and 24 of 2014: Dismissed, upholding the Tribunal's remand to the assessing officer to verify the nature of the contracts and whether they involve pure labour work or works contracts.

The court concluded that the intention of the Legislature in introducing Section 8(a)(i) was to provide a hassle-free, concessional tax rate on the whole contract amount without bifurcation for exemptions. The liability to pay compounded tax arises only if there is a liability to pay tax under the Act, and pure labour contracts are not subject to tax.