Supreme Court of India
M/s. Kone Elevator India Pvt. Ltd. v. State of Tamil Nadu and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
5 Supreme Court benches have cited this judgment.
From the headnote
CONSTITUTION OF /NOIA, 1950: Art. 366(29A) (b) - Tax on sale and purchase of goods - 'Works contract'-Contract for manufacture, supply and installation of lifts in a building - Held: (Per majority)(Fakkir Mohamed Ibrahim Kalifulla,J. dissenting): Four concepts emerge as regards a 'works contract', viz., (i) the works contract is an indivisible contract but, by legal fiction, is divided into two parts, one for sale of goods, and the other for supply of labour and services; (ii) the concept of "dominant nature test" or, for that matter, the "degree of intention test" or "overwhelming component
Authorities it was built on
- 1989 Federation of Hotel & Restaurant Association of India, Etc. v. Union of India & Ors.
- 2006 Bharat Sanchar Nigam Ltd. and Anr. v. Union of India and Ors.
- 1989 Builders Association of India & Ors. Etc. Etc. v. Union of India & Ors. Etc. Etc.
- 1992 Gannon Dunkerley and Co. A.nd Ors. Etc. Etc. v. State of Rajasthan and Ors. Etc. Etc.
- 2001 M/s Associated Cement Companies Ltd. v. Commissioner of Customs
- 1996 Commissioner of Income Tax, Madurai v. M/s. T.V. Sundaram Iyengar and Sons Ltd.
- 1989 Collector of Central Excise, Calcutta-ii v. Eastend Paper Industries Ltd. & Anr.
- 1988 Narne Tulaman Manufactures Pvt. Ltd. Hyderabad v. Collector of Central Excise, Hyderabad
- 2000 M?s Hindustan Shipyard Ltd. v. State of Andhra Pradesh
- 2001 M/s. Aspinwall and Co. Ltd. v. The Commissioner of Income-tax, Ernakulam.
- 2010 Commissioner of Central Excise, Ahmedabad v. Solid & Correct Engineering Works & Ors.
- 1997 Sirpur Paper Mills Ltd. v. Collector of Central Excise, Hyderabad
- 2005 C.K. Jidheesh v. Union of India and Ors.
- 2007 State of U.P. and Ors. v. M/s. P.N.C. Construction Co. Ltd. & Ors.
- 1972 State of Punjab v. M/s. Associated Hotels of India Ltd.
- 1969 State of Rajasthan v. Man Industrial Corporation Ltd.
- 1977 Vanguard Rolling Shutters and Steel Works Ltd. v. Commissioner of Sales Tax, U.P.
- 1965 Patnaik & Company v. State of Orissa
- 1974 M/s. T. V. Sundram Iyengar & Sons v. The State of Madras
- 1977 Union of India v. Central India Machinery Manufacturing Co. Ltd. & Others
- 2007 M/s. Mil India Ltd. v. Commissioner of Central Excise, Noida
- 1978 Sentinel Rolling Shutters & Engineerjng Co. (p) Ltd. v. Commissioner of Sales Tax, Maharashtra
- 1978 Ram Singh & Sons Eng. Works v. Commissioner of Sales Tax, U.P.
- 1983 Hindustan Aeronautics Ltd. v. The State of Orissa
- 2005 M/s. K. Raheja Development Corporation v. State of Karnataka
Where later benches applied it
- 2025 M/s Aristo Printers Pvt. Ltd. v. Commissioner of Trade Tax, Lucknow, U.P.
- 2025 Nbcc (india) Ltd. v. The State of West Bengal & Ors
- 2024 State of U.P. & Ors v. M/s Lalta Prasad Vaish and Sons
- 2023 M/s Tata Motors Ltd. v. The Deputy Commissioner of Commercial Taxes (spl) & Anr.
- 2022 M/s. Total Environment Building Systems Pvt. Ltd v. The Deputy Commissioner of Commercial Taxes & Ors
Of those, 5 referred to
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