https://www.taxtmi.com/caselaws?id=360087 Tax on an alleged first sale of software could not be sustained where the invoice was raised only to secure finance and no transfer of property in goods to the finance company was proved. The record showed the software remained installed and used by the assessee, so the essential ingredients of a taxable sale were not established. In fiscal matters, liability must rest on definite material proving an actual sale, and suspicion or appearance cannot replace legal proof. The estimated turnover was therefore unsustainable, and the consequential penalty also could not survive. en-us Fri, 06 Apr 2018 00:00:00 +0530 Thu, 10 May 2018 06:07:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=360087 Tax on an alleged first sale of software could not be sustained where the invoice was raised only to secure finance and no transfer of property in goods to the finance company was proved. The record showed the software remained installed and used by the assessee, so the essential ingredients of a taxable sale were not established. In fiscal matters, liability must rest on definite material proving an actual sale, and suspicion or appearance cannot replace legal proof. The estimated turnover was therefore unsustainable, and the consequential penalty also could not survive. Case-Laws VAT and Sales Tax Fri, 06 Apr 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=360087