https://www.taxtmi.com/caselaws?id=151304 Section 17 of the Bengal Finance (Sales Tax) Act, 1941 applies only where the ownership of a registered dealer's business is absolutely transferred; a managing contractor arrangement that leaves the principals' ownership intact and limits the transferees to management does not satisfy that condition. For transactions under the Colliery Control Order, 1945, a sale under section 2(g) still depends on transfer of property in goods for consideration with contractual assent; regulation by a control order does not by itself exclude sale. Whether particular transactions lacked mutuality or contractual freedom had to be examined on their facts, so the assessment notice was not premature and the challenge failed. en-us Mon, 19 Jan 1976 00:00:00 +0530 Mon, 03 Jun 2013 18:04:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=151304 Section 17 of the Bengal Finance (Sales Tax) Act, 1941 applies only where the ownership of a registered dealer's business is absolutely transferred; a managing contractor arrangement that leaves the principals' ownership intact and limits the transferees to management does not satisfy that condition. For transactions under the Colliery Control Order, 1945, a sale under section 2(g) still depends on transfer of property in goods for consideration with contractual assent; regulation by a control order does not by itself exclude sale. Whether particular transactions lacked mutuality or contractual freedom had to be examined on their facts, so the assessment notice was not premature and the challenge failed. Case-Laws VAT and Sales Tax Mon, 19 Jan 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=151304