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2005 (8) TMI 65 - HC - Income TaxTDS - supply of corrugated boxes were to be made with some labels printed on the same. Whether the supply of the such boxes was a contract for sale of chattel and as such outside the purview of section 194C of the Income-tax Act 1961. - It is nobody s case before us that the printing of the labels on the corrugated boxes required any special skill or involve any confidence or secrecy. In the circumstances the Tribunal was justified in holding that the predominant object underlying the contract was one for sale of goods which took the contract out of the purview of section 194C - No substantial question of law arises for consideration. Dismissed.
Issues:
Interpretation of contract for sale of chattel under Income-tax Act, 1961. Determining the dominant object underlying a contract for supply of goods. Applicability of section 194C of the Income-tax Act, 1961. Analysis: The judgment revolves around the interpretation of a contract for the sale of chattel under the Income-tax Act, 1961. Referring to the Supreme Court decision in State of Himachal Pradesh v. Associated Hotels of India Ltd., it was established that if the primary purpose of a contract is to transfer property in or deliver possession of a chattel, then it qualifies as a sale. The decisive factor is whether the work and labor involved result in something that can be sold. Ownership of materials or the value of skill and labor are not conclusive in determining the nature of the contract. In the case of Wadilal Dairy International Ltd. v. Asst. CIT, the Income-tax Appellate Tribunal held that purchasing packing material, even if printing was required, was akin to buying goods for packing purposes. This decision was relied upon in the present case, where the supply of corrugated boxes with printed labels was in question. The Tribunal, guided by the precedent in Associated Hotels of India Ltd.'s case, concluded that the primary object of the contract was the supply of goods, making it exempt from section 194C of the Income-tax Act. The argument presented by the Revenue's counsel, citing the Supreme Court decision in State of Tamil Nadu v. Anandam Viswanathan, aimed to differentiate contracts involving skill and labor from simple supply contracts. However, the court rejected this argument, emphasizing the unique circumstances of the printing work in Anandam Viswanathan's case for universities. It was clarified that the printing work in the present case did not involve special skills or confidentiality, leading to the conclusion that the contract primarily focused on the sale of goods, exempting it from section 194C. Ultimately, the court found no substantial question of law for consideration and dismissed the case, affirming the Tribunal's decision regarding the dominant object of the contract as the sale of goods, thereby excluding it from the purview of section 194C of the Income-tax Act, 1961.
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