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    <title>2006 (10) TMI 377 - ANDHRA PRADESH HIGH COURT</title>
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    <description>In a works contract executed through a sub-contractor, the transfer of property in goods constitutes only one deemed sale under Article 366(29A)(b), because the sub-contractor acts within the contractor&#039;s execution of the same contract and there is no privity between the employer and the sub-contractor. The constitutional fiction does not permit the same transfer to be treated as two separate taxable events merely because the work is split between contractor and sub-contractor. A levy based on dual taxation of the same transaction was held irrational and discriminatory, so the assessment could not stand and was set aside, subject to fresh assessment in accordance with the declared legal position.</description>
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    <pubDate>Thu, 12 Oct 2006 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=127860</link>
      <description>In a works contract executed through a sub-contractor, the transfer of property in goods constitutes only one deemed sale under Article 366(29A)(b), because the sub-contractor acts within the contractor&#039;s execution of the same contract and there is no privity between the employer and the sub-contractor. The constitutional fiction does not permit the same transfer to be treated as two separate taxable events merely because the work is split between contractor and sub-contractor. A levy based on dual taxation of the same transaction was held irrational and discriminatory, so the assessment could not stand and was set aside, subject to fresh assessment in accordance with the declared legal position.</description>
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      <pubDate>Thu, 12 Oct 2006 00:00:00 +0530</pubDate>
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