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TMI Blog2016 (4) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... V Girikumar, AGA ORDER The petition coming on for preliminary hearing, the learned Government Advocate is directed to take notice and the petition is considered for final disposal having regard to the facts and circumstances. 2. The petitioner is said to be a private limited company having its head office at Chennai. It is engaged in execution of civil works contracts and registered as a dealer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the purchases declared are supported by bills and duly accounted. On further verification of the books of accounts, the respondent authority has raised certain omissions and discrepancies. A notice was issued under Section 39(1) of the VAT Act and objections were called for. The petitioner has filed his objections and the authority accepted the petitioner's contention that in so far as labour an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt. Therefore, the petitioner by way of abundant caution and to avoid penalty and levy of interest, has discharged the tax at the rate of 14.5% on iron and steel used in the execution of works contract. It is latter that this Court decided the question in Nagarjuna Construction Company Limited vs. State of Karnataka and others (45 VST 390) where it was held that - "though tax at 12.5% is appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct." 6. Having regard to this view taken by this Court which holds the filed the respondent is required to apply the said legal aspect in so far as the petitioner having been taxed at 14.5% in respect of iron and steel used in the execution of works contract. Accordingly, the petition is summarily allowed. The impugned order is set at naught. The matter is remanded to the respondent authority for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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