1992 (2) TMI 350

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..... following question to this Court: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the utilization of the vehicles on hirepurchase basis before their actual sales did not render the second proviso to section 5(2)(a)(ii) of the Bengal Finance (Sales Tax) Act, 1941, as then extended to Delhi applicable." The admitted facts are that the dealer is .....

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..... authority when all the instalments were paid. The aforesaid conclusion of the assessing authority was upheld by the first appellate court. The second appeal of the dealer was allowed by the Appellate Tribunal. The Tribunal held that eventually hire-purchase sale had taken place under the hire-purchase agreement and, therefore, the second proviso to section 5(2)(a)(ii) was not attracted. In our .....

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..... 2(g) and, therefore, in [1980] 45 STC 368 (Goodwill India Ltd. v. State) it was held that the sale took place when such an agreement was entered into. This being so it is obvious that the dealer did sell, within the meaning of the expression in section 2(g), all the vehicles which it had purchased and, therefore, there was no misutilisation of the registration certificate. The question of law, th .....

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