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2017 (5) TMI 1122 - HC - VAT and Sales TaxWorks contract - Whether the construction work of building done by the revisionist over its own land, falls under the definition of works contract on behalf of the prospective purchaser of the property? - Held that: - an agreement was duly arrived at between the parties for carrying out construction activities and pursuant to such contract the developer had also received money, the existence of works contract is clearly established - Tribunal as well as the authorities were justified in treating the construction work undertaken to be works contract. Whether tax can be imposed u/s 3 F of the U.P. Trade Tax Act, on the goods purchased from outside the State of U.P., specifically for the purpose of being used in the construction of building for which risk and reward passed on the purchaser on execution of sale deed? - Held that: - There does not seem to be much clarity on facts in the order of the Tribunal on such aspects. Whether, the addition of 20% profits made in the purchase value of goods purchased for being used in the construction activity is based on surmises and conjectures and, therefore, not sustainable in the eyes of law? - Held that: - Learned Standing Counsel seems to be right in contending that proper factual premise do not appear to have been laid by the assessee in that regard. Matter on remand for consideration of these two aspects - appeal allowed by way of remand.
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