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Home Dictionary Name: good Page: 4Sale or purchase of goods shall be deemed....inter-State trade or commerce
Sale or purchase of goods shall be deemed....inter-State trade or commerce, According to s. 3 of the Act, a sale or purchase of goods shall be deemed to take place in the course of inter-State trade or commerce. A sale of goods can be held to have taken place in the course of inter-State trade, if it can be shown that the sale has occasioned the movement of goods from one State to another. A sale in the course of inter-State trade has three essentials: (i) there must be sale, (ii) the goods must actually be moved from one State to another and (iii) the sale the movement of the goods must be part of the same transaction. The word 'occasions' is used as a verb and means to cause or to be the immediate cause of, Kelvinator of India Ltd. v. State of Haryana, AIR 1973 SC 2526: (1973) 2 SCC 551: (1974) 1 SCR 463....
Acceptance of goods
Acceptance of goods. By s. 4 of the (English) Sale of Goods Act, 1893 (56 & 57 Vict. C. 71), a contract for sale of goods of the value of 10' or more is not enforceable by action unless the buyer 'accept' part of the goods and actually receive them, or partly pay, or unless there be a note or memorandum in writing of the contract signed by the party to be charged, and there is an acceptance 'when the buyer does any act in relation to the goods which recognizes a pre-existing contract of sale whether there be an acceptance in performance of the contract or not.'...
Contract for work or service contract for sale of goods
Contract for work or service contract for sale of goods, the primary difference between a 'contract for work or service' and a 'contract for sale of goods' is that in the former there is in the person performing work or rendering service no property in the thing produced as a whole notwithstanding that a part or even the whole of the materials used by him may have been his property. In the case of a contract for sale, the thing produced as a whole has individual existence as the sole property of the party who produced it, at some time before delivery, and the property therein passes only under the contract relating thereto in goods used in the performance of the contract is not sufficient: to constitute a sale there must be an agreement express or implied relating to the sale of goods and completion of the agreement by passing of title in the very goods contracted to be sold. C.S.T. v. Purshottam Premji, (1970) 2 SCC 287 (290)...
Document of title to goods
Document of title to goods, includes a bill of lading, dock-warrant, warehouse keeper's certificate, wharfingers' certificate, railway receipt, multi-modal transport document, warrant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (4)]...
Perishable goods
Perishable goods, goods which decay and lose their value if not consumed soon-as fish, fruit, and the like. By s. 48 (3) of the Sale of Goods Act, 1893, if on the sale of goods 'of a perishable nature' the buyer does not within a reasonable time pay or tender the price, the unpaid seller may resell and recover damages from the buyer; and by Ord. L., Rule 2, such goods, when the subject of an action, may, by order of the court or a judge be sold....
Resale of goods
Resale of goods, a resale of goods is also a sale of goods and the money consideration for such resale is the price payable in respect of such resale. When a person purchases goods, he may sell them in his turn. Such second sale is generally referred to as a resale. A resale may be to a third person or to the original seller. In either case, the money consideration for such second sale would be the price of goods resold, Gopalakrishna Pillai v. K.M. Mani, AIR 1984 SC 216: (1984) 2 SCC 83....
Tax-free goods
Tax-free goods, means goods against which the rate of sales-tax is shown to be nil in the Schedule and 'taxable goods' means goods other than tax-free goods. [Maharashtra Value Added Tax Act, 2002, s. 2(30)]...
Taxable purchase value of goods
Taxable purchase value of goods, shall mean the purchase price at which a dealer has purchased the goods inclusive of charges borne by him as cost of transportation, packing, forwarding the handling commission, insurance, taxes, duties and the like or if such goods have not been purchased by him, the prevailing market price of such goods in the local area. [Rajasthan Tax on Entry of Goods into Local Areas Act, 1999, s. 2(r...
Those goods
Those goods, the words 'those goods' in s. 5(3) of the Central Sales Tax Act, 1956 are clearly referable to 'any goods' mentioned in the preceding part of the sub-s. and it is therefore obvious that the goods purchased by the assessee and the goods exported by him must be the same, Sterling Foods v. State of Karnataka, AIR 1986 SC 1809 (1811): (1986) 3 SCC 469: (1986) 3 SCR 367....
Value of goods
Value of goods, means the value as ascertained from the purchase invoices or bills and includes insurance charges, excise duties, countervailing duties, value added tax, sales tax, transport charges, freight charges and all other charges incidental to the transaction of the goods:Provided that where the purchase invoices or bills are not produced or when the goods are acquired or obtained otherwise than by way of purchase, the value of goods shall be the value at which the goods of like kind or quality are sold or are capable of being sold in open market. [Gujarat Value Added Tax Act, 2003, s. 2(35)]...
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