https://www.taxtmi.com/caselaws?id=160155 Under the West Bengal Sales Tax Act, a transfer of notified goods back to the original seller in adjustment of unpaid consideration was treated as a sale, because non-payment did not negate the completed transfer of property and deferred payment remained part of the statutory definition. On that footing, the returned fertilizer quantity was the second sale in West Bengal for that stock. As fertilizer was taxable only at the first sale after manufacture or import, the later sale of 550 M.Ts. from that returned stock fell outside the tax net as a third sale. The assessment was therefore required to be modified only to exclude tax on that turnover. en-us Wed, 07 Apr 1999 00:00:00 +0530 Tue, 10 Dec 2013 17:36:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=160155 Under the West Bengal Sales Tax Act, a transfer of notified goods back to the original seller in adjustment of unpaid consideration was treated as a sale, because non-payment did not negate the completed transfer of property and deferred payment remained part of the statutory definition. On that footing, the returned fertilizer quantity was the second sale in West Bengal for that stock. As fertilizer was taxable only at the first sale after manufacture or import, the later sale of 550 M.Ts. from that returned stock fell outside the tax net as a third sale. The assessment was therefore required to be modified only to exclude tax on that turnover. Case-Laws VAT and Sales Tax Wed, 07 Apr 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=160155