https://www.taxtmi.com/caselaws?id=144105 Sales of machinery imported for actual use, and not acquired for resale, were held to be casual disposals of capital assets rather than sales in the course of business. Volume, frequency, collection of tax from the purchaser, and use of L forms were held not decisive; the controlling test was whether the sales formed part of business activity with a profit motive. As the machinery was sold later at a loss and there was no evidence of an original trading intention or conversion into stock-in-trade, the sales could not be included in turnover for sales tax. The order treating them as taxable business sales was quashed. en-us Mon, 30 Nov 1964 00:00:00 +0530 Fri, 19 Apr 2013 15:41:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=144105 Sales of machinery imported for actual use, and not acquired for resale, were held to be casual disposals of capital assets rather than sales in the course of business. Volume, frequency, collection of tax from the purchaser, and use of L forms were held not decisive; the controlling test was whether the sales formed part of business activity with a profit motive. As the machinery was sold later at a loss and there was no evidence of an original trading intention or conversion into stock-in-trade, the sales could not be included in turnover for sales tax. The order treating them as taxable business sales was quashed. Case-Laws VAT and Sales Tax Mon, 30 Nov 1964 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=144105