9911796707
TMI Blog1955 (3) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... really is one of fact and not of law. I find from the record that M/s French Motor Car Co. Ltd. have been selling motor cars to certain individuals who pay a part of the price as deposit, the balance being advanced by the petitioners on the purchaser executing an agreement with them for the monthly payment of certain instalments together with interest in order to pay off the balance of the purc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... themselves as the owners of the motor cars in question in the hire-purchase agree- ment. The actual sale is by M/s French Motor Car Co., Ltd., who pay sales tax under the Bengal Finance (Sales Tax) Act, 1941, in respect of such sales. What the petitioners do is only to advance the balance of the purchase money which the actual purchaser is unable to pay and for this purpose the petitioners claim a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch Motor Car Co. Ltd. to the purchaser. The definition of "sale" given in the Bengal Finance (Sales Tax) Act, 1941, excludes a mortgage, hypothecation, charge or pledge. So quite obviously the transaction in question between the petitioners and the actual pur- chasers of motor cars cannot come under the definition of "sale". Apart from this, accepting the contention of the learned Additional Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s want to enter into hire-purchase agree- ments with the actual purchasers, they may get themselves registered as dealers under the Act so that they may in the first instance buy the motor car outright from M/s French Motor Car Co. Ltd. as registered dealers without paying sales tax, which in that case will be realised from the petitioners when they sell the cars to the actual purchasers on the hi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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