https://www.taxtmi.com/caselaws?id=155385 The Food Corporation of India was treated as a dealer carrying on business because its organised purchase, storage, movement, distribution and sale of levy foodgrains constituted commercial activity within the wide statutory definitions. Levy purchases were held to be sales, not compulsory acquisition, because statutory compulsion did not exclude mutual assent entirely and some consensual elements remained in the transaction. Explanation II to section 3-D(1) and section 3-F of the U.P. Sales Tax Act, 1948 were upheld as valid; no hostile discrimination or arbitrariness was shown, and the retrospective amendment was within legislative competence. The levy transactions were therefore exigible to purchase tax, and the constitutional challenge failed. en-us Thu, 21 May 1987 00:00:00 +0530 Tue, 03 Sep 2013 18:30:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=155385 The Food Corporation of India was treated as a dealer carrying on business because its organised purchase, storage, movement, distribution and sale of levy foodgrains constituted commercial activity within the wide statutory definitions. Levy purchases were held to be sales, not compulsory acquisition, because statutory compulsion did not exclude mutual assent entirely and some consensual elements remained in the transaction. Explanation II to section 3-D(1) and section 3-F of the U.P. Sales Tax Act, 1948 were upheld as valid; no hostile discrimination or arbitrariness was shown, and the retrospective amendment was within legislative competence. The levy transactions were therefore exigible to purchase tax, and the constitutional challenge failed. Case-Laws VAT and Sales Tax Thu, 21 May 1987 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=155385