2012 (10) TMI 988 - HC - VAT and Sales Tax

Summary

Issues involved: Interpretation of a Trade Circular issued by the Commissioner of Sales Tax regarding works contracts under the Maharashtra Value Added Tax Act, 2002.

Judgment Summary:

1. The learned Senior Counsel for the Petitioners argued that the Trade Circular issued by the Commissioner of Sales Tax should not preclude the Assessing Officer from independently deciding whether a contract constitutes a works contract. It was emphasized that the Circular should not be seen as a mandate but rather as a guideline for assessment.

2. The High Court clarified that a Trade Circular does not limit the quasi-judicial powers of the Assessing Authorities. The Circular itself states that it is clarificatory in nature and cannot be used for legal interpretation of the law.

3. It was further clarified that the determination of whether a contract is a works contract should be made based on the specific facts of each individual case, as per the provisions of the Maharashtra Value Added Tax Act, 2002. The Advocate General for the State of Maharashtra agreed to this position, highlighting the need for a case-by-case analysis.

4. Following the above clarifications, no additional reliefs were sought by the Petitioners, and all rights and contentions were left open for determination by the Assessing Authorities in the future.

5. The Petition was disposed of with no order as to costs, bringing the matter to a close without further legal proceedings.