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    <title>1958 (4) TMI 42 - Supreme Court</title>
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    <description>The expression &quot;sale of goods&quot; in Entry 48 was construed in its legal sense, requiring an agreement to transfer the very goods for money consideration with property passing under that agreement. An entire and indivisible building or works contract is an agreement to execute work, not to sell materials separately; the materials used become part of the structure by accretion and do not pass as goods under a sale contract. Deeming provisions in the Madras enactment could not expand the taxing power beyond the constitutional entry. The supply of materials in such indivisible works contracts was therefore not taxable as a sale of goods.</description>
    <language>en-us</language>
    <pubDate>Tue, 01 Apr 1958 00:00:00 +0530</pubDate>
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      <title>1958 (4) TMI 42 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=98924</link>
      <description>The expression &quot;sale of goods&quot; in Entry 48 was construed in its legal sense, requiring an agreement to transfer the very goods for money consideration with property passing under that agreement. An entire and indivisible building or works contract is an agreement to execute work, not to sell materials separately; the materials used become part of the structure by accretion and do not pass as goods under a sale contract. Deeming provisions in the Madras enactment could not expand the taxing power beyond the constitutional entry. The supply of materials in such indivisible works contracts was therefore not taxable as a sale of goods.</description>
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      <law>VAT and Sales Tax</law>
      <pubDate>Tue, 01 Apr 1958 00:00:00 +0530</pubDate>
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