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.