1960 (2) TMI 40 - DSC - VAT and Sales Tax

Summary

Issues: Assessment of sales tax on construction works for the years 1950-51 and 1951-52

Analysis:
1. The revision petitions addressed the assessment of sales tax on the petitioner for the years 1950-51 and 1951-52, specifically focusing on payments received for construction works from the Public Works Department under two different agreements.

2. The petitioner argued that both agreements constituted indivisible building contracts, relying on a Supreme Court decision. However, the Deputy Commissioner viewed the contracts differently, stating that there was a sale of goods distinct from remuneration for labor and services, justifying the levy of sales tax on materials supplied by the petitioner.

3. The Board noted a crucial difference between the two agreements: one included a clause transferring property rights to the Governor of Bihar, while the other lacked such a provision. Referring to a previous judgment, the Board emphasized the significance of explicit clauses regarding property ownership in determining sales tax liability.

4. The agreement concerning the Langat Singh College construction explicitly transferred property rights to the Governor upon material delivery to the site, constituting a concluded sale subject to sales tax. Conversely, the agreement for Junior Officers' residences lacked a similar clause, leading to the conclusion that the petitioner was not liable for sales tax on materials supplied under that agreement.

5. Consequently, the Board modified the Deputy Commissioner's order, ruling that the petitioner was not liable for sales tax on payments received for constructing Junior Officers' residences but was liable for materials supplied under the Langat Singh College agreement in 1951-52.

6. The petition was partially allowed based on the distinct provisions in the two agreements, leading to different conclusions regarding sales tax liability for construction works undertaken by the petitioner.