S K G Consultancy Services Pvt. Ltd.

(1) (a) Where a dealer who carries on the business of supplying goods in the course of

execution of a works contract entered into by him (hereinafter referred to as a contractor)

through another such dealer (hereinafter referred to as a sub-contractor) directly or

otherwise, and the sub-contractor executes such works contract and each or either of them

is liable to pay tax under this Act, then notwithstanding anything contained in this Act, the

contractor and the sub-contractor shall be jointly and severally liable to pay tax in respect of

transfer of property in goods whether as goods or in some other form involved in the

execution of such works contract.

(b) If the contractor proves in the prescribed manner to the satisfaction of the Commissioner

that the tax has been paid by the sub-contractor on the turnover of the goods supplied in the

course of execution of the works contract, the contractor shall not be liable to pay tax again

on the turnover of such goods.

6 (c) If the sub-contractor proves in the prescribed manner to the satisfaction of the

Commissioner that the contractor has opted for composition under section 11-A in respect of

the works contract being executed by the sub-contractor, the sub-contractor shall not be

liable to pay tax on the turnover of the goods supplied in the execution of the works contract. 6

(2) Omitted

(3) Where any dealer or person with a view to evade payment of tax or in order to claim

any input tax rebate which he otherwise is not eligible for or was carrying on business in the

name of or in association with any other person either directly or indirectly, whether as an

agent, employee, manager, partner or power of attorney holder, guarantor, relative or sister

concern or any other capacity, such person and the dealer in whose name the registration

certificate was obtained shall jointly and severally be liable for the payment of tax assessed,

reassessed, interest payable and penalty imposed under the Act and such tax, interest and

penalty shall be recovered from all or any of such persons as if such person or persons are

dealer under the Act.