(1.) BY means of these petitions, the petitioners have challenged constitutional validity of certain provisions of the Tripura Value Added Tax Act, 2004 ("the TVAT Act") and certain rules framed under the Act. The main ground of challenge is that the said provisions which are applicable in respect of Works contract are beyond the legislative competence of the State of Tripura. It is contended that these provisions of the TVAT Act and the rules are contrary to the constitutional provisions inasmuch as they impose tax on inter -State transfer of goods and also impose tax on goods which are imported from outside India. It is also contended that the Act is not in consonance with the principles laid down by the apex court in Gannon Dunkerley & Co. v. State of Rajasthan : [1993] 88 STC 204 (SC) : [1993] 1 SCC 364. To appreciate the rival contentions of the parties, first it would be appropriate to set out the various constitutional and statutory provisions which are relevant for decision of this case.
(2.) ARTICLE 269 of the Constitution of India deals with taxes levied and collected by the Union but assigned to the States and reads as follows:
(3.) BY virtue of this amendment works contracts were treated to be deemed sale and made exigible to tax.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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