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    <title>1970 (12) TMI 79 - CALCUTTA HIGH COURT</title>
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    <description>Sales tax liability under the Bengal Finance (Sales Tax) Act, 1941 depended on whether the assessee was carrying on a business of selling goods, not on the mere existence of a sale for consideration. Regular supplies of coke-breeze and stores to employees at concessional or cost price, made as amenities and without a commercial object, did not amount to business activity. The absence of profit motive was relevant but not decisive; the decisive test was the presence of trade, commerce, or a concern in the nature of trade. The assessee was therefore not a dealer in respect of those supplies, and the transactions fell outside taxable turnover.</description>
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    <pubDate>Wed, 09 Dec 1970 00:00:00 +0530</pubDate>
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      <title>1970 (12) TMI 79 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=150033</link>
      <description>Sales tax liability under the Bengal Finance (Sales Tax) Act, 1941 depended on whether the assessee was carrying on a business of selling goods, not on the mere existence of a sale for consideration. Regular supplies of coke-breeze and stores to employees at concessional or cost price, made as amenities and without a commercial object, did not amount to business activity. The absence of profit motive was relevant but not decisive; the decisive test was the presence of trade, commerce, or a concern in the nature of trade. The assessee was therefore not a dealer in respect of those supplies, and the transactions fell outside taxable turnover.</description>
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      <pubDate>Wed, 09 Dec 1970 00:00:00 +0530</pubDate>
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