The appellant, inter alia, companytended that the sale of the goods took place outside Kerala and, at any rate, it was an inter State sale number taxable in Kerala.
Rejecting the companytention of the appellant, the Assessing Officer levied the sales tax on the assessee in respect of the purchase made from outside the State of Kerala.
The appellant filed second appeal before the Sales Tax Appellate Tribunal, Kerala for short the Tribunal which also dismissed the appeal.
Upon the terms of financing, viz.,
The goods purchased from outside the State was treated sale by the appellant to the customers within the State of Kerala.
Therefore, the goods purchased from outside the State of Kerala and delivered in the State of Kerala was treated as sale of the goods by the assessee and, accordingly the same was taxed.
The assessee is a financier, providing finance to the customers who wish to purchase of goods, such as equipments, machinery, vehicles, etc.,
The dispute in the present case pertains to the purchase of goods made from outside the State of Kerala.
The assessee challenged the assessment in appeal.
The assessee after being satisfied itself about the bona fides and credit worthiness of the customers, sanctions the amount of advance.
Aggrieved theiragainst, the appellant thereafter filed Tax Revisions, as provided under the Act, in the High Court, being TRC Nos.
So far as the goods purchased within the State of Kerala are companycerned, numbertax had been levied, as the assessee has been treated as the second seller of the goods.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.8335 8336 OF 2002 M S. MADRAS CREDIT INVESTMENT LTD.
The ownership is transferred to the customer thereafter.
both from within Kerla and from outside the State of Kerala, and delivery of the goods in the State of Kerala, under hire purchase agreement executed between the assessee and the customers parties.
318 and 319 of 2000 .
In case of breach in payment of instalment under the agreement, the assessee was free to take back the possession of the goods and deal with it in the manner it likes.
The Appellate Assistant Commissioner vide orders dated 21.04.1999 dismissed the appeal.
being settled between the assessee and the customers in Kerala, hire purchase agreement is executed.
the extent of finance, rate of interest, period of hire purchase, etc.
The customer pays to the assessee the amount borrowed in instalments as agreed upon and on payment of the last instalment, the goods become the property of the customer.
Appellant s VERSUS STATE OF KERALA Respondent s ORDER The assessee has filed the present Appeals by special leave.
