Tagged “article-366”

4 articles on article-366.

BSNL v. Union of India: aspect doctrine and the composite-transaction problem

On 2 March 2006, a three-judge bench disciplined the aspect doctrine, restated the dominant nature test for composite transactions, and set the stage for the GST architecture of composite supply.

Valkya Editorial·1 Jun 2026·11 min

Landmark JudgmentSupreme Court of India

Gannon Dunkerley II: valuing the works contract after the 46th Amendment

On 17 November 1992, a five-judge Constitution Bench fixed the post-46th-Amendment ceiling on State works-contract VAT — value at the time of incorporation, with eight permissible deductions.

Valkya Editorial·1 Jun 2026·12 min

Landmark JudgmentSupreme Court of India

L&T v. State of Karnataka: pre-completion apartment sales as works contracts

On 26 September 2013, a three-judge bench affirmed K. Raheja and held that pre-completion apartment sales by builders and developers fall within Article 366(29A)(b) as works contracts.

Valkya Editorial·1 Jun 2026·11 min

Landmark JudgmentSupreme Court of India

Gannon Dunkerley I: the works-contract sales-tax wall

On 1 April 1958, a five-judge Constitution Bench struck down the Madras works-contract sales tax as ultra vires Entry 48 List II — the wall that eventually forced the 46th Constitutional Amendment.

Valkya Editorial·1 Jun 2026·12 min