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november 1996

Supreme Court of India · 1996-11-28

STATE OF KERALA vs BUILDER ASSON. OF INDIA

Citation / case number
SC 1995/16198
Court
Supreme Court of India
Petitioner
STATE OF KERALA
Respondent
BUILDER ASSON. OF INDIA
Author
SUHAS C. SEN B.P. JEEVAN REDDY
Bench
SUHAS C. SEN B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court interpreted Section 5 of the Kerala General Sales Tax Act, specifically addressing the taxation of works contracts. It clarified that contractors have the option to pay tax at a compounded rate under sub-section (7) or (7A) based on the nature of the goods transferred. The Court held that the provisions for tax deduction from payments made by the awarder are mandatory and must be adhered to, thereby affirming the legislative intent behind the taxation framework.

STATE OF KERALA vs BUILDER ASSON. OF INDIA · Niyam