M/s ADHISHASI ABHIYANTA R.E.S. Vs C.C. T. LUCKNOW
U.P. Trade Tax Act – Section 3G(2) – Sale - goods obtained by government entity at concessional tax was transferred to the contractor for being utilized for the benefit of government entity – whether the arrangement, permitting utilization of construction materials by contractor and adjustment of its consideration in the contractor's account, would constitute an act of 'sale'
HELD – the goods have been transferred to the contractor and the amount payable for such goods have been adjusted from the account of the contractor - by the use or consumption of material supplied in the work of construction, there was passing of property and by virtue of receipt of value of such transferred property by way of adjustment in bills the consideration has also passed which satisfies the definition of 'sale' - the demand of differential of tax imposed by the department, and affirmed by the tribunal, is in accordance with law – the revision is dismissed