https://www.taxtmi.com/caselaws?id=164094 The nature of a transaction under an agreement must be determined by examining the agreement's terms and the factual character of the work before treating it as a works contract or a contract for sale. Where composition is claimed, authorities cannot deny it or revise tax liability without a proper appreciation of the contractual contents and the work actually executed. Because the impugned orders were passed without such examination, the matter required reconsideration on the existing record. The issue was answered in favour of the assessee, and the case was remanded to the assessing officer for fresh consideration after giving a reasonable opportunity of hearing. en-us Mon, 14 Jan 2008 00:00:00 +0530 Mon, 15 Dec 2014 18:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=164094 The nature of a transaction under an agreement must be determined by examining the agreement's terms and the factual character of the work before treating it as a works contract or a contract for sale. Where composition is claimed, authorities cannot deny it or revise tax liability without a proper appreciation of the contractual contents and the work actually executed. Because the impugned orders were passed without such examination, the matter required reconsideration on the existing record. The issue was answered in favour of the assessee, and the case was remanded to the assessing officer for fresh consideration after giving a reasonable opportunity of hearing. Case-Laws VAT and Sales Tax Mon, 14 Jan 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=164094