2016 (11) TMI 898

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....wal For the Opposite Party : C. S. C ORDER Heard learned counsel for the revisionist and the learned Standing Counsel. The revisionist is stated to have been engaged in execution of two work contracts relating to the construction of an IT park and a commercial complex. During the course of assessment proceedings various items of which benefit of exclusion was sought and which in the co....

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....on of works contract. The taxability chart u/s 3-F filed before the assessing authority is as under:- Total Receipts Rs. 33,97,84,503 Less: Deductions u/s 3-F of UPTT Act 1948   (g) Tax paid purchases Rs. 1,85,58,224 (h) Payments made to sub-contractors Rs. 4,76,45,465 (I) Establishment expenses Rs. 8,13,30,986 (j) Cost of consumables Rs. 5,82,11,082 (k)....

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....her the articles had been transferred in the execution of the works contract could not be left to mere supposition and it was the obligation of the assessing authority as well as the first appellate authority to record and arrive at a concrete conclusion as to whether there had in fact been a transfer of property in those goods in the execution of the works contract or not. It accordingly proceede....

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.... hold that no material was placed which would indicate that these goods were brought from outside the State exclusively for the purposes of execution of the works contract. Both these findings in the opinion of this Court, are wholly conjectural and based entirely on surmises. In fact the Tribunal has committed the same error which it had discovered itself in the order of the assessing authority o....