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of <h1>Court rules transaction as inter-State sale, favoring assessee. No contract of appropriation found. Essential elements present.</h1> <h3>Punjab State Versus Dada Motor Garage</h3> Punjab State Versus Dada Motor Garage - [2009] 23 VST 465 (P&H) Issues Involved:1. Nature of the transaction: whether it constitutes inter-State sales.2. Evidence of contract of appropriation between the company and the assessee.3. Applicability of inter-State transaction provisions under the PGST Act, 1948, considering the Supreme Court's verdict in Madras Marine and Co. v. State of Madras.Detailed Analysis:Issue 1: Nature of the TransactionThe court examined whether the transaction was an inter-State sale terminating at the hands of Shri Muni Lal or M/s. Dada Motor Garage. The Tribunal found that the correspondence regarding the purchase and sale of the scooter was between Shri Muni Lal of Jalandhar and Lohia Machines Ltd., Kanpur. The price charged was ex-factory at Kanpur, not ex-showroom at Jalandhar, indicating the transaction was a composite nature sale at the factory gate. The court concluded that all essential ingredients of an inter-State sale were present:1. A contract of sale existed between Shri Muni Lal and the company.2. The goods moved from Kanpur to Jalandhar pursuant to this contract.3. The sale concluded with the delivery of goods at Jalandhar.Issue 2: Evidence of Contract of AppropriationThe Tribunal found no evidence of a contract of appropriation between the company and the assessee, Dada Motors, for selling goods at Jalandhar. The documents and the sequence of events showed that the scooter was dispatched directly from Kanpur to the customer, Shri Muni Lal, without any intermediary sale or appropriation by Dada Motors. Thus, the second question was answered against the Revenue, affirming that the transaction was directly between the company and the customer.Issue 3: Applicability of Inter-State Transaction ProvisionsThe court considered the Supreme Court's judgment in Madras Marine and Co. v. State of Madras, which emphasized the place of delivery for sales tax purposes. The court distinguished the present case by noting that the sale took place at the factory gate in Kanpur, not at the showroom in Jalandhar. The Tribunal's findings indicated that no handling charges were paid to Dada Motors by Shri Muni Lal, and the price was ex-factory. The court concluded that the facts of the present case did not match those in Madras Marine and Co., where appropriation occurred in a bonded warehouse within the State. Therefore, the third question was also answered against the Revenue, affirming the inter-State nature of the sale.ConclusionAll three questions of law were answered against the Revenue and in favor of the assessee. The court held that the transaction in question was an inter-State sale, there was no contract of appropriation involving the assessee, and the principles from Madras Marine and Co. did not apply to alter this conclusion.
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