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september 2013

Supreme Court of India · 2013-09-26

M/S. LARSEN AND TOUBRO LIMITED vs THE STATE OF KARNATAKA

Citation / case number
SC 2007/24605
Court
Supreme Court of India
Petitioner
M/S. LARSEN AND TOUBRO LIMITED
Respondent
THE STATE OF KARNATAKA
Author
R.M. LODHA CHELAMESWAR,MADAN B. LOKUR
Bench
R.M. LODHA,J. CHELAMESWAR,MADAN B. LOKUR

Judgment text excerpt

The Supreme Court referred the matter concerning the interpretation of 'works contract' under the Karnataka Sales Tax Act, 1957 to a larger bench, questioning the correctness of the two-Judge Bench decision in Raheja Development Corporation v. State of Karnataka (2005) 5 SCC 162. The Court noted that if the Development Agreement is not classified as a works contract, the Department's reliance on the Tripartite Agreement as a works contract may be flawed. The holding emphasizes the need for clarity in distinguishing between a works contract and a contract for sale, impacting tax implications.

M/S. LARSEN AND TOUBRO LIMITED vs THE STATE OF KARNATAKA · Niyam