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2016 (2) TMI 962 - PUNJAB AND HARYANA HIGH COURTWorks contract - real estate project developer who is engaged in the construction and sale of residential flats, buildings and infrastructure facilities all across the country - Whether on the facts and circumstances of the case, the Ld. Tribunal was justified in holding that the appellant is engaged in the works contract and is thus liable to be registered under the provisions of the Punjab VAT Act, 2005? - Whether the appellant is liable to be registered under the provisions of the Act or not? - Held that: - the appellant who is a works contractor is required to pay VAT on the material used for carrying out the works contract in respect of the sale of flats on the amount of material incorporated therein after the date of sale of the flat. Accordingly, it was also not disputed that as a consequence, the appellant would be required to be registered under the provisions of the Act - the issue involved herein stands already concluded against the appellant in the case of K. Raheja Development Corporation Vs. State of Karnataka [2005 (5) TMI 7 - Supreme Court] where it was held that Activity of construction / development by a Builder would constitute Work Contract in certain circumstances - the substantial questions of law are answered against the assessee - appeal is dismissed.
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