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1963 (1) TMI 44 - HC - VAT and Sales Tax
Issues:
1. Determination of whether the non-applicant can be considered a dealer under section 2(c) of the C.P. and Berar Sales Tax Act, 1947, in relation to the sales of used motor vehicles and parts. Analysis: The case involves an application under the M.P. General Sales Tax Act, 1958, regarding the assessment of the non-applicant as a dealer for sales of used vehicles and parts. The non-applicant, engaged in passenger bus services and transport of goods, sold used vehicles and parts during the assessment period. The Tribunal initially ruled in favor of the non-applicant, stating that the sales were not part of his business activities as a dealer under the old Act. The High Court was tasked with deciding if the non-applicant could be classified as a dealer under the old Act for these sales. The High Court referred to the State of M.P. v. Bengal Nagpur Cotton Mills Ltd. case to establish the criteria for determining a dealer. It emphasized that not all sales activities constitute business activities in a commercial sense. The court highlighted that the key factor is the intention to earn a profit from continuous trading operations. In this case, the non-applicant's primary business was providing transport services, not selling unserviceable vehicles or parts. The sales were incidental to maintaining the transport fleet and did not involve a profit motive. The court cited various precedents to support its interpretation of the term "dealer" and the requirement of engaging in the business of selling or supplying goods with a profit motive. Moreover, the court rejected the argument that the frequency and volume of sales alone could categorize the non-applicant as a dealer. It distinguished cases where selling activities were integral to the business from the present situation where the sales were not part of the core business operations. The court concluded that the non-applicant could not be considered a dealer under section 2(c) of the Act for the sales of used vehicles and parts, as they did not align with the definition of a dealer engaging in selling goods for profit. The court awarded costs to the non-applicant and settled the reference accordingly.
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