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1 - 5 of 5 (0.66 seconds)M/S Larsen & Toubro Limited & Anr vs State Of Karnataka & Anr on 26 September, 2013
6. The definition of works contract in Section 65(105)(zzzza) clearly covers construction of new residential complex or a part thereof. Therefore in the case of construction of a new residential complex, if the contract involves transfer of property in the execution of such contract leviable to tax sale of goods, can be classifiable as works contract. In this case, the appellants have registered for payment of tax in respect of portion involving transfer of property under the AP VAT Act and the appellant is engaged in the construction residential complex. Therefore, we find that the activity is clearly covered by works contract service. Further, we also find that the Honble Supreme Court in the case of Larsen and Toubro Ltd. and another Vs. State of Karnataka and another [2013] 65 VST 1 (SC)] also took the view that activities of construction of residential complex and transfer of individual flats after construction has to be treated as works contract for the purpose of levy of VAT. Para 93 and para 100 of the Honble Supreme Court decision are applicable and are reproduced below:-
Finance Act, 1999
Section 77 in The Finance Act, 2018 [Entire Act]
Section 78 in The Finance Act, 2018 [Entire Act]
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