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2024 Supreme(Ker) 542

A. K. JAYASANKARAN NAMBIAR, SYAM KUMAR V. M.
DLF Home Developers Limited – Appellant
Versus
State of Kerala, Rep. by Its State Representatives, Commercial Taxes Department, Kochi – Respondent


Advocates Appeared:
For the Appellant : Sri. G. Sivadass (SR.), Sri. Syed Peeran, Sri. Karthik S. Nair, Sri. Prabhakaran P.M.
For the Respondent: Sri. V.K. Shamsudheen, Sr. Government Pleader.

ORDER :

A.K. Jayasankaran Nambiar, J.

As all these revisions involve a common issue, they are taken up for consideration together and disposed by this common judgment. O.T.Rev.No.105 of 2019 pertains to M/s. DLF Home Developers Limited for the assessment year 2009-10 under the Kerala Value Added Tax Act [hereinafter referred to as the 'KVAT Act']. O.T.Rev.Nos.106 of 2019 and 107 of 2019 pertain to M/s. DLF Southern Towns (P) Limited for the assessment year 2008-09 and 2009-10 respectively under the KVAT Act. The aforesaid three O.T.Revisions have been preferred against a common order of the Kerala Value Added Tax Appellate Tribunal dated 10.07.2019. O.T.Rev.No.3 of 2020 pertains the M/s. DLF Home Developers Limited for the assessment year 2007-08 and impugns the order dated 25.09.2019 of the KVAT Appellate Tribunal.

2. The brief facts necessary for disposal of the O.T. Revisions are as follows:

The petitioners are Limited Companies engaged in the activity of developing residential projects and selling fully constructed flats. In the Apartment Buyer's Agreement that they entered into with various customers, they stipulated a price for the work undertaken by them which included a compone

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