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2015 Supreme(AP) 582

RAMESH RANGANATHAN, M.SATYANARAYANA MURTHY
Larsen & Toubro Ltd. – Appellant
Versus
State of Andhra Pradesh rep. by its Principal Secretary (Revenue), Hyderabad – Respondent


Advocates Appeared:
For the Petitioners:S.R. Ashok, N. Venkataraman, S. Ravi, Learned Senior Counsel, S. Dwarakanath, A.K. Jaiswal, T. Vinod Kumar Tadakamalla, Pushyam Kiran, K. Priyadarshan Reddy, Advocates.
For the Respondents:K. Vivek Reddy, Learned Special Counsel, P. Balaji Varma, Advocate, S. Suribabu, Learned Special Standing Counsel for Commercial Taxes.

Judgment :

Ramesh Ranganathan, J.

1. M/s. Larsen & Toubro Ltd, Hyderabad filed W.P. Nos.23034 and 22960 of 2007, W.P. No.8122 and 9016 of 2008, W.P. Nos.8006 and 15121 of 2009, W.P. No.8955 of 2010, W.P. Nos.10711 and 23689 of 2011, W.P. No.6834 of 2012, W.P. No.39431 of 2013 and W.P. No.14457 of 2014. Alstom Projects India Ltd filed W.P. Nos.4763 and 12745 of 2009, and W.P. No.26994 of 2011. M/s. Siemens Ltd, Hyderabad filed W.P. Nos.16857, 16909 and 16945 of 2009, W.P. No. 25776 of 2010, W.P. No.8664 of 2013 and W.P. No.14192 of 2014. BGR Energy Systems Ltd, Nellore filed W.P. No.19516 of 2009.

All the petitioners have executed turnkey projects for different customers. They claimed that the goods supplied by them, for being used in the turnkey projects, were subsequent sales exempt from tax under Section 6(2) of the CST Act, import sales under Section 5(2) of the CST Act, and the respondents lacked jurisdiction to subject these transactions to tax under the AP VAT Act treating them as intra-state sales. On their claim being negatived by the assessing/revisional authorities they have invoked the certiorari jurisdiction of this Court. It would suffice to note the contents of the asses












































































































































































































































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