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The State Of Madras vs Gannon Dunkerley & Co.,(Madras) Ltd on 1 April, 1958

“36. Even after the decision of this Court in the State of Madras v. Gannon Dunkerley & Co. (Madras) Ltd. [AIR 1958 SC https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/12/2025 07:07:19 pm ) WP No. 7556 of 2008 560 : 1959 SCR 379 : (1958) 9 STC 353] it was quite possible that where a contract entered into in connection with the construction of a building consisted of two parts, namely, one part relating to the sale of materials used in the construction of the building by the contractor to the person who had assigned the contract and another part dealing with the supply of labour and services, sales tax was leviable on the goods which were agreed to be sold under the first part. But sales tax could not be levied when the contract in question was a single and indivisible works contract. After the 46th Amendment the works contract which was an indivisible one is by a legal fiction altered into a contract which is divisible into one for sale of goods and the other for supply of labour and services.”
Supreme Court of India Cites 38 - Cited by 719 - Full Document

M/S Gannon Dunkerley And Company ... vs South East Central Railway 23 ... on 23 March, 2020

“43.Gannon Dunkerley [State of Madras v. Gannon Dunkerley & Co. (Madras) Ltd., (1958) 9 STC 353 : AIR 1958 SC 560 : 1959 SCR 379] survived the Forty-sixth Constitutional Amendment in two respects. First with regard to the definition of “sale” for the purposes of the Constitution in general and for the purposes of Entry 54 of List II in particular except to the extent that the clauses in Article 366(29-A) operate. By introducing separate categories of “deemed sales”, the meaning of the word “goods” was not altered...” (emphasis supplied) 11.1.
Chattisgarh High Court Cites 10 - Cited by 2 - Full Document
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