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2013 (11) TMI 106 - HC - VAT and Sales TaxWorks Contract - Whether activity of construction / development by a Builder would constitute Work Contract in certain circumstances - Held that:- Construction of flats on its own can not be tanable as work contract under U.P.T.T. where the right title and interest in the construction continue to remain with the developer mere payment term would not alter the nature of transaction - particular unit is not resold but retained by the Appellants, there would be no works contract to that extent. But so long as there is no termination the construction is for and on behalf of purchaser. Therefore, it remains a works contract within the meaning of the term as defined under the said Act. It must be clarified that if the agreement is entered into after the flat or unit is already constructed, then there would be no works contract. - matter remanded back for reconsideration in view of Larsen & Toubro Limited & Another Versus State of Karnataka & Another [2013 (9) TMI 853 - SUPREME COURT] - Decided against the assessee.
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