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Showing contexts for: essential charact in State Of Tamil Nadu vs Anandam Viswanathan on 24 January, 1989Matching Fragments
Our attention was drawn by Mr. Mohan to the decision of the Orissa High Court in the case of State of Orisssa v. Ramnath Panda, XXVlI STC 98. There the High Court held that in the case of an assessee, a printer supplying printed materials, where the customers supply paper and the assessee does nothing except printing on it, the contract is one of labour and there is no sale. Where the customer enters into an agreement that he would separately pay for the paper and the assessee would merely print on it, then also there is no sale. Where the customer does not enter into any separate agreement but merely asks the assessee to supply the printed materials, the contract is indivisible and the supply of printed materials is a sale liable to sales tax. In such a case charging separately for the paper and printing in the bill issued to the customer does not alter the essential character of the agreement, which is for the purchase of printed materials.