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Issues: Whether transfer of property in ink and lacquer used in plate making on job-work basis constituted a deemed sale under the works contracts legislation.
Analysis: The statutory definition of sale under the works contracts legislation covers transfer of property in goods involved in execution of a works contract, even where the goods pass in some other form. The materials used in plate making were applied in the execution of the contract and their property was held to pass to the customer. The earlier view that the plates retained the same thickness after processing did not answer the statutory test. The reasoning in earlier printing and dyeing cases was applied, and later decisions on composite transactions and dominant intention did not displace the governing rule for works contracts.
Conclusion: Transfer of property in ink and lacquer was established and the question was answered in the negative, in favour of the Revenue and against the assessee.
Final Conclusion: The reference was answered against the assessee on the taxability of ink and lacquer used in plate making under the works contracts regime.
Ratio Decidendi: Under the works contracts definition of sale, if materials used in execution of the contract pass to the customer in any form, including by accretion or chemical incorporation, the transaction is a deemed sale regardless of the dominant intention of the contract.
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