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february 2005

Supreme Court of India · 2005-02-17

STATE OF A.P. vs M/S.KONE ELEVATORS (I)LTD.

Citation / case number
SC 1999/15923
Court
Supreme Court of India
Petitioner
STATE OF A.P.
Respondent
M/S.KONE ELEVATORS (I)LTD.
Author
KAPADIA
Bench
S.N. VARIAVA,DR. AR. LAKSHMANAN,S.H. KAPADIA

Judgment text excerpt

The Supreme Court ruled that the transactions conducted by M/s Kone Elevators (India) Ltd. constituted 'works-contract' rather than mere sales under the Andhra Pradesh General Sales Tax Act, 1957, specifically referencing Section 5G and Section 5F. The Court upheld the Sales Tax Appellate Tribunal's decision to allow deductions for labor charges, emphasizing that the nature of the work involved manufacturing, supply, installation, and commissioning of elevators. Consequently, the appeal by the department was dismissed, affirming the Tribunal's ruling.

STATE OF A.P. vs M/S.KONE ELEVATORS (I)LTD. · Niyam