M/S Singh Construction Company, Kathal vs State Of Haryana And Others on 4 February, 2020
A different aspect of the issue involved in the present case came
up before the Supreme Court in State of Karnataka and another v. Durga
Projects Inc. , (2018) 4 SCC 633. The State of Karnataka had prescribed
for a uniform rate of tax for works contract from 1.4.2006, it was argued
that prior to prescribing the uniform rate, the residuary entry would be
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VATAP No. 12 of 2019 [18]
deemed to be providing the uniform rate for the goods involved in the
works contract. The contention was rejected and it was held that the scheme
of Karnataka Act envisaged specific rates of tax for the goods falling in the
Schedule to the Act and the general rate was provided "in respect to other
goods" i.e. goods not falling in the Schedule. Relevant portion is quoted
below: