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2018 (9) TMI 627 - HC - VAT and Sales TaxWorks Contract - rate of tax - Civil Works Contract or not? - Reopening of assessment - whether the assessment could have been reopened on the allegation made against the dealer and as to whether there was any transfer of property in goods by way of transferring the insulation material while in the process of executing a civil works contract? - transfer of right in insulation material. Held that:- It is evidently clear that the revision of assessment made by issuing the revision notice dated 11.6.2008 is a clear case of change of opinion. The Revenue preferred an appeal before the Tribunal. The Tribunal once again considered the entire factual position and held that there was absolutely no evidence on the file of the Assessing Officer to come to a conclusion that there was a transfer of right in insulation material. The Assessing Officer does not dispute the fact that the Indian Oil Corporation had awarded a contract in favour of the dealer for construction of a petrol bunk. Thus, whatever material was utilized should be treated as a composite contract and the artificial splitting by the Assessing Officer is uncalled for. The Tribunal rightly dismissed the appeal filed by the Revenue - appeal dismissed - decided against Revenue.
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