Tax reimbursement arbitration permits contractual allocation while import and inter-State sales remain outside DVAT under an integral contractual nexus.
Contractual disputes over which party bears or reimburses tax are arbitrable where they concern reciprocal obligations and neither determine statutory tax liability nor bind tax authorities. For works contracts, transfer of property in goods is a deemed sale, but goods procured pursuant to an integral nexus with the contract may qualify as sales in the course of import or inter-State trade and remain outside DVAT. Contractual specifications, supplier approval, pre-inspection, tax-exemption certificates, custom-made goods and consignee identification may establish that nexus; subsequent incorporation into the works does not sever it. Limited review of arbitral awards precludes reappreciation of evidence where the tribunal's view is plausible.
Issues: (i) Whether the contractual dispute concerning reimbursement of DVAT was arbitrable; (ii) Whether DVAT was payable and reimbursable for goods procured for execution of the works contract.
Issue (i): Whether the contractual dispute concerning reimbursement of DVAT was arbitrable.
Analysis: A distinction applies between a statutory determination of tax liability, rate, classification, or exemption, which lies within the tax-authority framework, and an inter se contractual dispute over which party must bear or reimburse a tax. The dispute arose from a contractual reimbursement clause and concerned the parties' reciprocal financial obligations; it neither bound the taxing authority nor displaced its statutory jurisdiction.
Conclusion: The reimbursement dispute was arbitrable, and the jurisdictional objection failed against the assessee.
Issue (ii): Whether DVAT was payable and reimbursable for goods procured for execution of the works contract.
Analysis: Article 366(29A)(b) of the Constitution of India treats transfer of property in goods involved in a works contract as a deemed sale. Section 7 of the Delhi Value Added Tax Act, 2004 excludes sales occurring in the course of inter-State trade or import, determined by Sections 3 and 5 of the Central Sales Tax Act, 1956. The requisite inquiry was whether the movement or import of the goods was occasioned by, or integrally connected with, the works contract. The contractual specifications, approval of suppliers, pre-inspection, customs and excise exemption certificates, custom-made character of the goods, and identification of the consignee established that nexus. Incorporation of the panels into sectioning and sub-sectioning posts did not sever it. The arbitral view was supported by the material and was plausible; reappreciation of evidence or substitution of another view was impermissible under Section 34 of the Arbitration and Conciliation Act, 1996.
Conclusion: The procurement constituted sales in the course of import or inter-State trade, DVAT was not applicable, and no contractual reimbursement arose, against the assessee.
Final Conclusion: The arbitral determination disclosed neither patent illegality nor a basis for intervention under the limited supervisory jurisdiction over arbitral awards.
Ratio Decidendi: An arbitral tribunal may determine inter se contractual liability for tax reimbursement, and goods procured or imported pursuant to an integral contractual nexus remain inter-State or import sales despite their incorporation in the execution of a works contract.