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    <title>2013 (9) TMI 853 - Supreme Court</title>
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    <description>Developer-flat purchaser arrangements are treated as works contracts where construction is undertaken for valuable consideration and involves transfer of property in goods during execution. Article 366(29-A)(b) expands the concept of sale to cover the deemed sale element in such contracts, so the dominant nature test does not apply. The reasoning also approves the view that construction pursuant to a development-cum-sale agreement falls within works contract from the time the purchaser enters into the agreement. The Maharashtra VAT amendment to the definition of sale is described as clarificatory, and the valuation rule is sustained only to the extent it taxes the value of goods incorporated in the works, not the transfer of immovable property.</description>
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    <pubDate>Thu, 26 Sep 2013 00:00:00 +0530</pubDate>
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      <title>2013 (9) TMI 853 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=237421</link>
      <description>Developer-flat purchaser arrangements are treated as works contracts where construction is undertaken for valuable consideration and involves transfer of property in goods during execution. Article 366(29-A)(b) expands the concept of sale to cover the deemed sale element in such contracts, so the dominant nature test does not apply. The reasoning also approves the view that construction pursuant to a development-cum-sale agreement falls within works contract from the time the purchaser enters into the agreement. The Maharashtra VAT amendment to the definition of sale is described as clarificatory, and the valuation rule is sustained only to the extent it taxes the value of goods incorporated in the works, not the transfer of immovable property.</description>
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      <pubDate>Thu, 26 Sep 2013 00:00:00 +0530</pubDate>
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