1955 (3) TMI 24

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....d the order of the Additional Commissioner of Commercial Taxes dated 16th December, 1953. The question really is one of fact and not of law. I find from the record that M/s French Motor Car Co. Ltd. have been selling motor cars to certain individuals who pay a part of the price as deposit, the balance being advanced by the petitioners on the purchaser executing an agreement with them for the mo....

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....act of sale between M/s French Motor Car Co., Ltd. and the petitioners though the petitioners describe themselves as the owners of the motor cars in question in the hire-purchase agree- ment. The actual sale is by M/s French Motor Car Co., Ltd., who pay sales tax under the Bengal Finance (Sales Tax) Act, 1941, in respect of such sales. What the petitioners do is only to advance the balance of the ....

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....rchaser is just a mortgagor and the petitioners a mortgagee in respect of the motor car sold by M/s French Motor Car Co. Ltd. to the purchaser. The definition of "sale" given in the Bengal Finance (Sales Tax) Act, 1941, excludes a mortgage, hypothecation, charge or pledge. So quite obviously the transaction in question between the petitioners and the actual pur- chasers of motor cars cannot come u....