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TMI Blog1975 (12) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... in question? Held that:- Appeal dismissed. There can be no dispute that the legislature was competent to give retrospective effect to the definition of "business" introduced by the amending Act. Thus the High Court was right in its conclusion. - C.A. No. 487 of 1971 - - - Dated:- 9-12-1975 - MATHEW K.K. AND MURTAZA FAZAL ALI S. JJ. Gobind Das, Senior Advocate (S.P. Nayar, Advocate, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eable materials were exigible to tax. The definition of the term "dealer" in section 2(f) of the above Act, so far as it is material, runs: "'dealer' means any person who carries on the business of buying, selling, supplying or distributing goods, directly or otherwise, whether for cash, or for deferred payment, or for commission, remuneration or other valuable consideration and includes- (i) th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacture, adventure or concern; and (ii) any transaction in connection with, or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern; but does not include activities of sale, supply or distribution of goods carried on without any profit-motive by- (i) any charitable or religious institution in the performance of its functions for achieving its avowed objects; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmerce or manufacture whether or not it is carried on with a motive to make gain or profit. So even if it be assumed that the activity involved in selling unserviceable material and scrap-iron, etc., would not amount to carrying on business in the normal connotation of that term, it would be "business" within clause (i) of that sub-clause as introduced by the amending Act. We also think that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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