2012 (11) TMI 1040 - HC - VAT and Sales Tax

High Court rules in favor of assessee in tax liability assessment case on import of construction material for works contract

The High Court of Allahabad ruled in favor of the assessee in a tax liability assessment case regarding the import of construction material for a works ... - Issues Involved: Assessment of tax liability on imported construction material for works contract u/s 2003-04.Summary:The High Court of Allahabad heard a revision regarding the assessment year 2003-04 concerning the import of building and construction material for a works contract. The Tribunal did not believe the contention that the cement imported within the State was for use in the works contract. The questions of law referred included the identification of the source of supply, the movement of goods, and the exclusion of goods from gross-turnover. The Court noted that the material on record confirmed the prior contract for bringing construction material, including cement, within the State. The Tribunal's finding that the cement was brought into the State was not disputed, but there was no evidence of misuse by the applicant. Given the absence of misuse and the nature of the works contract, the adverse inference drawn by the Tribunal was deemed unjustified. Citing relevant legal precedents, the Court ruled in favor of the assessee, allowing the revision and ordering no costs to be paid.This judgment clarifies the tax liability assessment on imported construction material for works contracts u/s 2003-04.