Trader
2616 Points
Joined August 2009
If water is charged inclusive of delivery, it is sale of water. Even though the supply may be a contract, it still wualifies to be a sale as none of the raw materials are supplied by the buyer. the processing is done by the manufacturer and he is paying CENVAT as well as VAT. People even trade in processed water. Therefore 194C is not applicable. However, the transportation charges would have to depend on who is the owner of the transport. If I have my own tanker, process water, supply and charge separately for delivery, then my transportation charges is under 194C. If I do not charge for delivery and price is all inclusive my contract is a contract for sale. If I engage another transporter and bill all inclusive, the transporter is my contractor and not that of the buyer. If I charge separately, then I am the contractor u/s 194C for the buyer and the transporter is my sub contractor. If the buyer pays my bill separate nd transporters bill directly, the transporter is contractor for my buyer u/s 194C.