1969 (7) TMI 104 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether the contracts in question are divisible for tax liability under the Orissa Sales Tax Act?
2. Whether the property in the goods supplied passed by accession to immovable property and not by sale as movable goods?

Analysis:

Issue 1:
The case involved a dispute regarding the tax liability under the Orissa Sales Tax Act on contracts for sanitary installation works. The Sales Tax Tribunal referred two questions to the High Court, questioning the divisibility of the contracts. The Tribunal had previously assessed 75% of the billed amount as turnovers subject to tax. The High Court analyzed the nature of the agreement between the parties, emphasizing the indivisibility of the work undertaken by the petitioner. Referring to the precedent set in State of Madras v. Gannon Dunkerley & Co., the Court highlighted that a works contract cannot be disintegrated into component parts for tax purposes. The Court concluded that the agreement between the parties was for a pure works contract, and there was no provision for the separate sale of materials. Therefore, the assessing authorities were incorrect in treating the contracts as divisible.

Issue 2:
Regarding the passing of property in the goods supplied, the Court applied the legal principles established in previous judgments. It reiterated that in a works contract, the property in the materials used does not pass as movables but as an accretion to the immovable property. By scrutinizing the terms of the agreement and the conduct of the parties, the Court determined that the agreement in question was a works contract, and there was no agreement for the sale of materials. Citing various Supreme Court decisions, the Court emphasized that agreements of a similar nature have consistently been construed as works contracts. Therefore, the property in the goods supplied passed by accession to immovable property and not by sale as movable goods. The Court answered both questions referred by the Sales Tax Tribunal in favor of the assessee.

In conclusion, the High Court held that the contracts in question were indivisible works contracts, and the property in the goods supplied passed by accession to immovable property. The judgment reaffirmed the legal principles governing works contracts and the passing of property in such transactions.