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    <title>2023 (5) TMI 90 - JAMMU &amp; KASHMIR HIGH COURT</title>
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    <description>Goods and materials purchased from outside the State and handed to contractors for erection of transmission lines, substations and power grids were not treated as a taxable sale under the Jammu and Kashmir General Sales Tax Act, 1962 on the facts found, because the goods remained under the assessee&#039;s ownership and no consideration was shown for a transfer to the contractors. The position was linked to the statutory definition applicable to the relevant period, with later deletion of works-contract transfer from the charging concept noted. The same reasoning also confirmed that subordinate authorities must follow the Tribunal&#039;s settled view unless there is a change in law or materially different facts, and any departure must be reasoned.</description>
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      <description>Goods and materials purchased from outside the State and handed to contractors for erection of transmission lines, substations and power grids were not treated as a taxable sale under the Jammu and Kashmir General Sales Tax Act, 1962 on the facts found, because the goods remained under the assessee&#039;s ownership and no consideration was shown for a transfer to the contractors. The position was linked to the statutory definition applicable to the relevant period, with later deletion of works-contract transfer from the charging concept noted. The same reasoning also confirmed that subordinate authorities must follow the Tribunal&#039;s settled view unless there is a change in law or materially different facts, and any departure must be reasoned.</description>
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