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may 2007

Supreme Court of India · 2007-05-09

State Of Jharkhand And Others vs Voltas Ltd, East Singhbhum

Citation / case number
AIR 2007 SC (SUPP) 316
Court
Supreme Court of India
Petitioner
State Of Jharkhand And Others
Respondent
Voltas Ltd, East Singhbhum
Author
Markandey Katju
Bench
S. B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court held that under Article 366(29A)(b) and following the precedent set in Gannon Dunkerley & Co. v. State of Rajasthan, a works contract is not a sale but can be taxed on the transfer of property in goods involved in its execution. The Court clarified that the value of goods for taxation must exclude charges related to labor and services, as only the sale of goods can be taxed under Entry 54 of List II of the Seventh Schedule. The appeal was allowed, affirming the lower court's decision regarding the applicable tax rate of 8%.

State Of Jharkhand And Others vs Voltas Ltd, East Singhbhum · Niyam