9911796707
TMI BlogLevy of Tax on BOT Contract involving transation in the nature of Works Contract and Registration requirements there of.X X X X Extracts X X X X X X X X Extracts X X X X ..... act as define in section 2 (zc) & (zo) of DVAT Act, 2004? (b) If the answer to question is affirmative, whether the BOT Contractors are liable for compulsory registration U/S 18 of the DVAT Act, 2004? The said application has been flied for the purpose of notifying the exact legal position in respect of taxability and registration in BOT contracts in the nature Works Contract, both to the authorities subordinate to Commissioner (VAT), Govt of NCT of Delhi and the entities/dealers who are carrying on or who may undertake such transactions. 2.While explaining the nature of transaction of BOT contracts and its technical aspects, the applicant in the application dated 27-10-2010 has stated that in Delhi, there are number of BOT Contracts (Bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... similarly, other dealers might he escaping tax liability on the ground that they are not liable to pay the tax, as they did not receive any payment from the contractees. 7. The question raised in the above said application in respect of which ruling has been sought is, whether BOT contracts are a transaction in the nature of WOrks contract or not, and if yes, whether the BOT contractors are liable for compulsory registration. In this connection. it is relevant to refer to the definition of term "Sale" as it figures in clause (zc) of sub-section (1) of section (2) of the DVAT Act, 2004 which read as under: - "Sale" with its grammatical variations and cognate expression means any transfer of property in goods by one person to another for ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stock, all materials, commodities, grass or things attached to or forming part of the earth which are agreed to be served before sale or under a contract of sale; and (ii) Property in goods (whether as goods or in some other form) involved in the execution of a works contract, lease or hire-purchases or those to be used in the fitting out, improvements or repair of movable property; 10. It is also relevant to refer to the term "dealer" as contained in clause (1) of sub-section (1) of Section (2) which lays down that: - "dealer' means any person who, for the purposes of or consequential to his engagement in or in connection with or incidental to or in the course of his business, buys or sells goods in Delhi directly or otherwise, whether ..... X X X X Extracts X X X X X X X X Extracts X X X X
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