Judgment Search Results Home > Cases Phrase: sale of goods act 1930 section 5 contract of sale how made Sorted by: old Court: mumbai Page 4 of about 330 results (0.194 seconds)

Mafatlal Holdings Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)85TTJ(Mum.)821

..... ownership in the shares under consideration. thus, the shares have been transferred to m/s arvi associates as per the provisions of law. the provision of sale of goods act, 1930, relied upon by the learned departmental representative are moreover in favour of the assessee. the genuineness of this transaction, therefore, cannot be challenged.50 ..... by the assessee-company. in this connection, we would like to refer to some of the provisions of sale of goods act. section 2(4) of the sale of goods act, 1930, pertaining to definitions reads as follows : "document of title of goods includes a bill of lading, dock-warrant, warehouse keeper's certificate, wharfingers' certificate, railway receipt, ..... with the transfer process itself. so far as the transfer of shares is concerned, the same is guided solely by the provisions of sale of goods act, 1930, and the companies act merely provides for the mechanism in which such shares already transferred in the eyes of law, will be mutated in the books of the .....

Nagnath Kaulwar and Sons Vs. Govindram Shyamsunder

Court : Mumbai

Reported in : AIR2004Bom271; 2004(4)ALLMR801; 2004(6)BomCR878

..... contract. he contended that the relationship of buyer and seller is established and the suit for damages for breach of contract for sell of the goods would be perfectly maintainable under section 57 of the sale of goods act, 1930. he contended that the letter dated 6-6-1979 addressed to the plaintiff by the defendant would clearly show that the contract was ..... the principal;(3) where the principal, though disclosed, cannot be sued.8. however, section 27 of the indian sale of goods act, 1930 contemplate that; subject to the provisions of this act and of any other law for the time being in force, where goods are sold by a person who is not the owner thereof and who does not sell them under the ..... that the plaintiff would be entitled to claim damages of loss sustained by him on account of breach of contract committed by the defendant. section 36 of the indian sale of goods act deals with rules as to delivery and it contemplates as under :(1) whether it is for the buyer to take possession of the .....

Welspun Gujarat State Rohran Ltd. Vs. Commr. of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... view, in case of associated strips ltd. , has been approved by the apex court in the case of escorts jcb ltd. after considering the provision of these sections of sale of goods act, 1930 in the following manner. 12 the assessee also referred to a decision reported in 2002 (49) rlt 506 associated strips ltd. & am. v. cce, new ..... contracts entered were for supply of such pipes, as works contracts, the question of determining place of execution of such works contract and application of section 23 of sales of goods act, 1930 as is being pleaded by the learned dr would not be called for of excisable ms pipes (uncoated). the value determination of uncoated pipes, is only ..... decision in case of maruti udyog would come to the rescue of the assessee, to call delivery at buyers premises, to be contrary to section 2(12) of sale of goods act, 1939. transit insurance & transport costs cannot therefore be added on the grounds as arrived at by the id. adjudicator. the retention of any such possession, by .....

Mishapar Investments Ltd. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)8SOT532(Mum.)

..... in the books of the assessee, this amount was shown to be recovered from the partnership firm. according to provisions of section 20 of the sales of goods act, if the goods are identified and parties intend to pass the property to the buyer, the payments can be deferred. but, in the instant case, necessary entries ..... in the shares under consideration. thus, the shares have been transferred to m /s. arvi associates as per the provisions of law. the provision of sale of goods act, 1930 relied upon by the learned departmental representative are moreover, in favour of the assessee.the genuineness of this transaction, thereforc, cannot be challenged.50. ..... the assessee-company. in this connection, we would like to refer to some of the provisions of sale of goods act. section 2(4) of the sale of goods act, 1930 pertaining to definitions reads as follows: '"document of title of goods" includes a bill of lading, dock-warrant, warehouse keeper's certificate, whare fingers 'certificate, railway receipt .....

Dy. Cit Vs. Rajiv A. Shah

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... of the assessee. the assessing officer expressed his agreement with the opinion of the sr. counsel of assessee that the transaction was governed by the provisions of sale of goods act inasmuch as the transaction involving the sale of shares and not the immovable property. but considering the facts of the case, he was of the view that transfer took place in the year ..... that the case of assessee falls within the ambit of sub-clause (i) of section 2(47) of the act. thereafter, he observed that the word "sale" has not been defined in the income tax act, 1961 and, therefore, its meaning has to be understood as defined under the sale of goods act, 1930 (act of 1930). after referring to the provisions of section 4 of the .....

The Commissioner of Sales Tax Vs. Tata Iron and Steel Co. Ltd.

Court : Mumbai

Reported in : 2007(1)BomCR48; (2007)5VST137(Bom)

..... (ii) whether on the facts and in the circumstances of the case the tribunal was justified in law holding that the provisions of the sale of goods act, 1930 particularly section 18 of the sales of goods act 1930 is not applicable to transactions in dispute (iii) whether on the facts and in the circumstances of the case and on a true and correct interpretation is ..... part of the tribunal to refer question nos.1 and 2 relating to the applicability of the second limb of section 5(2) of the central act as well as the provisions of the sale of goods act to the transactions in question cannot be faulted. similarly, question no. 4 being consequential, the said question has not been referred. 14. however, we expressly make .....

Avaya Global Connect Ltd. Vs. Acit Range 7(3)

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... goods is to be transferred. section 2(10) of the sales of goods act, defines price to mean, the money consideration for a sale of goods.22. referring to the aforesaid definition of sale, learned counsel for the assessee submitted that sale is always a contract between two persons. he submitted that in the case ..... ownership in exchange for a price paid or promised or part paid and part promised. under the 'sales of goods act, sale has been defined as contract, whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. the agreement to sale become a sale when the time elapses or the conditions arc fulfilled subject to which the property in .....

Suchetan Exports Pvt.Ltd. Vs. Gupta Coal India Limited and ors.

Court : Mumbai Nagpur

..... the contract and various provisions of the sale of goods act, relied upon by the learned counsels appearing for the parties, the view taken by the trial court, seems to be the possible view of the matter on prima- ..... the course of dealing between the parties. 17) the trial court has taken into consideration the provisions of section 46 (1) (a) read with section 47 (1) of the sale of goods act, 1930 and has recorded the findings, that the plaintiff shall have the lien over the coal till full price of the coal is paid. keeping in view the terms of ..... the argument of the defendant no.1 based upon section 46 (1) (a) read with section 47 (1) of the sale of goods act, 1930 that lien over the goods is available only till unpaid seller is in possession of the goods. the trial court recorded the finding that the plaintiff has prima-facie shown that the defendant no.1 agreed to pay full .....

Mrs. Preeti A. Lotlikar Vs. Auspicio Rodrigues

Court : Mumbai Goa

..... on to the appellant, drawn with the aid of section 20 of the sale of goods act is perverse? 12. mr. s. d. lotlikar, learned senior counsel, on behalf of the defendant, after reading some averments made in the plaint and the prayer ..... contract and whether such an exercise was impermissible? b) whether the respondent could be said to be unpaid seller within the meaning of section 45 of the sale of goods act 1930 and whether the conclusion drawn by the learned trial judge that the respondent was an unpaid seller and that the property in the computer system had passed ..... the plaint to say that the plaintiff is unpaid seller. he read section 19 of the sale of goods act, 1930 (henceforth referred to as said act) and argued that the same pertains to the sale of specific or ascertained goods. according to him, since the goods were not received in the present case, the same cannot be called as specific or .....

The New India Assurance Co. Ltd. Vs. Miss Clancy Arcanjia Dias and Oth ...

Court : Mumbai Goa

..... of the vehicle under agreement with the manufacturer is expected to see that vehicle is insured when it is in his possession. 16. under sections 19 and 21 of sale of goods act, 1930 the sale becomes complete when the conditions laid down are satisfied, which read as under: 19. property passes when intended to pass (1) where there is a contract for the ..... co. reported in air 1958 s.c. 560. in this case, the apex court has discussed the conditions for transfer of property vehicle and held thus: to constitute a valid sale of the goods under the sale of goods act, there must be cogent and convincing evidence of : (i) agreement between the competent parties, (ii) the price for the .....