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may 2007

Supreme Court of India · 2007-05-09

STATE OF JHARKHAND vs VOLTAS LTD. EAST SINGHBHUM

Citation / case number
SC 2006/25605
Court
Supreme Court of India
Petitioner
STATE OF JHARKHAND
Respondent
VOLTAS LTD. EAST SINGHBHUM
Author
MARKANDEY KATJU
Bench
MARKANDEY KATJU S. B. SINHA

Judgment text excerpt

The Supreme Court held that the imposition of sales tax on works contracts is governed by Article 366(29A)(b) of the Constitution, which allows for taxation on the transfer of property in goods involved in such contracts. The Court reiterated the principles established in Gannon Dunkerley and Co. & Ors. vs. State of Rajasthan, emphasizing that only the value of goods, excluding charges for labor and services, can be taxed. The Court ruled that the sales tax charged at 16% was improper, affirming the respondent's right to charge only 8% as per the relevant government circular.

STATE OF JHARKHAND vs VOLTAS LTD. EAST SINGHBHUM · Niyam