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march 1977

Supreme Court of India · 1977-03-08

VANGUARD ROLLING SHUTTERSAND STEEL WORKS LTD. vs COMMISSIONER OF SALES TAX, U.P.

Citation / case number
SC 1976/60873
Court
Supreme Court of India
Petitioner
VANGUARD ROLLING SHUTTERSAND STEEL WORKS LTD.
Respondent
COMMISSIONER OF SALES TAX, U.P.
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that the contract in question was a works contract and not merely a contract for the sale of goods, thus exempting it from sales tax. The Court established that the nature of a contract as a works contract depends on the facts of each case, emphasizing that when materials are affixed to immovable property, they become permanent fixtures indicative of a works contract. The High Court's ruling that the assessee was liable for sales tax was overturned, affirming that the transaction was not exigible to tax.

VANGUARD ROLLING SHUTTERSAND STEEL WORKS LTD. vs COMMISSIONER OF SALES TAX, U.P. · Niyam