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december 2007

Supreme Court of India · 2007-12-07

STATE OF CHATTISGARH vs M/S VTP CONSTRUCTIONS

Citation / case number
SC 2006/29628
Court
Supreme Court of India
Petitioner
STATE OF CHATTISGARH
Respondent
M/S VTP CONSTRUCTIONS
Author
ARIJIT PASAYAT
Bench
AFTAB ALAM DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Section 35 of the Chhattisgarh Vanijyik Kar Adhiniyam, 1994, which mandates tax deduction at source for works contracts. The Court found that the provision is necessary to prevent tax evasion by contractors who may leave the state after receiving payments. The judgment of the Chhattisgarh High Court, which declared Section 35 unsustainable, was overturned, affirming the legislative competence of the State to enact such provisions.

STATE OF CHATTISGARH vs M/S VTP CONSTRUCTIONS · Niyam