<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1961 (5) TMI 53 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=99433</link>
    <description>Hire-purchase transactions combining bailment with an option to purchase were treated as deemed sales under the taxing statute because the statutory explanation created a legal fiction covering transfers on instalment or hire-purchase terms, and the transactions were therefore taxable. The constitutional challenge to the extended definition of sale failed because the prior validity of the enactment had already been upheld and no adequate factual basis for hostile discrimination under Article 14 was shown. Objections based on departmental instructions, an earlier High Court view, and res judicata were rejected because administrative practice cannot override the law and taxation assessments are year-specific.</description>
    <language>en-us</language>
    <pubDate>Tue, 02 May 1961 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 16 May 2014 12:28:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=136485" rel="self" type="application/rss+xml"/>
    <item>
      <title>1961 (5) TMI 53 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=99433</link>
      <description>Hire-purchase transactions combining bailment with an option to purchase were treated as deemed sales under the taxing statute because the statutory explanation created a legal fiction covering transfers on instalment or hire-purchase terms, and the transactions were therefore taxable. The constitutional challenge to the extended definition of sale failed because the prior validity of the enactment had already been upheld and no adequate factual basis for hostile discrimination under Article 14 was shown. Objections based on departmental instructions, an earlier High Court view, and res judicata were rejected because administrative practice cannot override the law and taxation assessments are year-specific.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Tue, 02 May 1961 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=99433</guid>
    </item>
  </channel>
</rss>