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    <title>1958 (1) TMI 33 - MADRAS HIGH COURT</title>
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    <description>Hire-purchase transactions were treated as sales where title first vested in the dealer and later passed to the customer on payment of instalments. The Court explained that such arrangements contain both a bailment element and a genuine transfer of property in goods for consideration, so the completed transaction falls within the sales tax charging provision. It rejected the argument that the structure was merely financing or a disguised hypothecation, holding that the sale form was integral to the bargain and not a sham. If default prevented transfer of title, no sale arose. The completed transfer of ownership, however, was taxable as a sale.</description>
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    <pubDate>Fri, 17 Jan 1958 00:00:00 +0530</pubDate>
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      <title>1958 (1) TMI 33 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=127749</link>
      <description>Hire-purchase transactions were treated as sales where title first vested in the dealer and later passed to the customer on payment of instalments. The Court explained that such arrangements contain both a bailment element and a genuine transfer of property in goods for consideration, so the completed transaction falls within the sales tax charging provision. It rejected the argument that the structure was merely financing or a disguised hypothecation, holding that the sale form was integral to the bargain and not a sham. If default prevented transfer of title, no sale arose. The completed transfer of ownership, however, was taxable as a sale.</description>
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      <pubDate>Fri, 17 Jan 1958 00:00:00 +0530</pubDate>
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