As per Constitution of India:-
(29A) “tax on the sale or purchase of goods” includes—
(a) a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration;
(b) a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;
(c) a tax on the delivery of goods on hire-purchase or any system of payment by instalments;
(d) a tax on the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration;
(e) a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration;
(f) a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service, is for cash, deferred payment or other valuable consideration;
and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made;
What I understand from the above clause is that, supply of food does not fall under the category of
”works contract”. Now, it is advisable to find out, whether your State VAT Act is saying about any method of taxation of such catering Contract? If the State Act is silent in this regard, in my opinion:-
1) If value of foods is charged separately, VAT on such value will be applicable.
2) If it is a composite Bill, the Caterer should charge VAT accordingly.
I must mention here that, the above is my personal view and is not supported by any case laws.