9911796707
TMI Blog1957 (1) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... purchased for the use of the managing director of the assessees. This motor car was subsequently sold by the assessees on 14th December, 1951, at a small profit. The Sales Tax Officer, Bombay, included the sale price of the motor car in the assessment of the assessees for the period between 1st April, 1951, and 31st October, 1952, as part of the taxable turnover and subjected the price to sales tax. Against that order an appeal was preferred to the Assistant Collector and that order was confirmed in appeal. An application in revision was filed by the assessees before the Sales Tax Tribunal at Bombay. The Sales Tax Tribunal held that the motor car having been purchased for the use of the managing director of the assessees and the cost of its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bombay, whether for commission, remuneration or otherwise......." The expression "sale" is defined by section 2(g), in so far as it is material, as meaning "any transfer of property in goods for cash or deferred payment or other valuable consideration......."and the expression "sale price" is defined by section 2(h) as meaning "the amount payable to a dealer as valuable consideration for the sale or supply of any goods, less any sum allowed as cash discount according to trade practice .......". Section 5 of the Act, which is the charging section, renders every dealer, whose gross turnover exceeds the amount specified, in the year immediately proceeding the commencement of the Act, liable to pay sale tax under the Act and section 6 provides ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... garded as a sale liable to tax, and the price received at such sale is liable to be included in the taxable turnover. If the sale is a casual sale having no connection with the business for which the dealer is registered or is liable to be registered, in our view, the sale price will not be liable to be included in the taxable turnover, nor will the price liable to be taxed. It is true that the charging section renders every dealer liable to pay tax whose gross turnover exceeds the amount specified therein, and the expression "turnover" means the aggregate amounts of prices received in respect of sale or supply of goods. But, in our view, reading the provision of section 5 with section 2, clauses (c) and (j), we have no doubt that the Legis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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