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    <title>2010 (4) TMI 1003 - WEST BENGAL TAXATION TRIBUNAL</title>
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    <description>A financier selling repossessed hypothecated vehicles can fall within the VAT Act&#039;s definition of &quot;dealer&quot; where the sale is part of, incidental to, or authorised within the financing arrangement. The sale of such vehicles was treated as a taxable transfer even though initial title remained with the borrower, because the financier exercised a contractual or banking right to repossess and sell for realisation of dues. VAT was therefore payable on the sales. However, prosecution threats at the pre-assessment stage were found premature and were quashed, leaving assessment and recovery to proceed according to law.</description>
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      <link>https://www.taxtmi.com/caselaws?id=164448</link>
      <description>A financier selling repossessed hypothecated vehicles can fall within the VAT Act&#039;s definition of &quot;dealer&quot; where the sale is part of, incidental to, or authorised within the financing arrangement. The sale of such vehicles was treated as a taxable transfer even though initial title remained with the borrower, because the financier exercised a contractual or banking right to repossess and sell for realisation of dues. VAT was therefore payable on the sales. However, prosecution threats at the pre-assessment stage were found premature and were quashed, leaving assessment and recovery to proceed according to law.</description>
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