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december 1983

Supreme Court of India · 1983-12-16

HINDUSTAN AERONAUTICS LTD. vs THE STATE OF ORISSA

Citation / case number
SC 1982/63815
Court
Supreme Court of India
Petitioner
HINDUSTAN AERONAUTICS LTD.
Respondent
THE STATE OF ORISSA
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that the transaction between Hindustan Aeronautics Ltd. (H.A.L.) and the Government of India was a contract for work and labour, not a sale, thus exempting it from central sales tax under the Central Sales Tax Act, 1956. The Court established that the distinction between a contract for sale and a contract for work depends on the main object of the parties involved, emphasizing that in a contract for work, the performer does not hold property in the produced item. The appeal was allowed, overturning the lower courts' decisions that had classified the transaction as a sale.

HINDUSTAN AERONAUTICS LTD. vs THE STATE OF ORISSA · Niyam