1976 (10) TMI 140

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....s are agreeable to this course. The Supreme Court ruled, and in a number of decisions this court also said the same thing, that when an assessment has been set aside and is sought to be revived by a Validation Act, there should be a fresh assessment. Following this established position, we allow the writ petition and quash demand notice G.I. No. 1213/63-64 dated 25th June, 1973, passed by the respondent. The respondent will be at liberty to make a fresh assessment according to law. In the circumstances of the case, there will be no order as to costs. Advocate's fee Rs. 100. W.P.M.P. No. 4433 of 1974. In view of the fact that the main writ petition itself has been disposed of, no further orders are necessary on this miscellaneous petit....

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....turned down by the Assessing Authority on the basis of a Division Bench decision of this Court in Excise and Taxation Officer (Assessing Authority), Hissar v. Jaswant Singh[1971] 27 S.T.C. 582. The appeal filed by the firm before the Deputy Excise and Taxation Commissioner, Chandigarh, was dismissed on 22nd January, 1969, and the second appeal taken before the Chairman, Sales Tax Tribunal, Chandigarh, met the same fate on 30th June, 1971. At the instance of the assessee, this court directed the Chairman, Sales Tax Tribunal, Chandigarh, to refer the following question of law to us for our opinion: "Whether, on the facts and in the circumstances of the case, the sale of wheat products against permits issued by the District Food and Supplie....

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....ounsel for the respondent has very fairly conceded this position. In order to constitute a transaction of sale the following elements must be present: (1) Parties should be competent to contract. (2) There should be mutual assent. (3) Property or goods should pass from the seller to the buyer. (4) The price in money should be paid or promised. Unless and until all the four elements are present in a transaction, it cannot be regarded as a sale. When viewed in this light, it is obvious that the deals between the petitioner-firm and the recipients of the products of wheat produced by it cannot be regarded as transactions of sale. In Jaswant Singh's case', which has been relied upon on behalf of the revenue, the court was concerned with the pro....