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august 2008

Supreme Court of India · 2008-08-26

State Of A.P. & Ors vs Larsen & Tourbo Ltd. & Ors

Court
Supreme Court of India
Petitioner
State Of A.P. & Ors
Respondent
Larsen & Tourbo Ltd. & Ors
Author
S.H. Kapadia
Bench
B. Sudershan Reddy, S.H. Kapadia

Judgment text excerpt

The Supreme Court held that under Section 4(7)(a) of the Andhra Pradesh Value Added Tax Act, 2005, the turnover of sub-contractors is not to be included in the turnover of the main contractor, as the sub-contractors are registered dealers and the transfer of property in goods constitutes a direct sale to the contractee. The Court ruled that the assessment order imposing additional tax on the main contractor for not disclosing sub-contractors' turnover was incorrect, thereby allowing the writ petition and quashing the assessment order dated 31.5.06.

State Of A.P. & Ors vs Larsen & Tourbo Ltd. & Ors · Niyam