TMI Blog1996 (5) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... d with the extension of the benefit of Notification No. 102/82, dated [28-2-1982] to the res- pondents by the Collector (Appeals), the Revenue has filed the present appeal. 2. Shri A.K. Madan, learned SDR appeared on behalf of the appellant. None appeared on behalf of the respondents despite notice of hearing issued on 26-3-1996. The Bench therefore, in its discretion proceeded to decide the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded the benefit of the said Notification. Hence the present appeal filed by the Revenue. He took us through the definition given under Section 2(h) and after referring so he submitted that the respondents are transferring their goods to their sub-distributors on rent for 24 months after obtaining the alleged security deposit of Rs. 500/- per cassette on the condition that the said security deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 2(h) which reads as follows :- 2(h) `Sale and `Purchase , with their grammatical variations and cognate expressions, mean any transfer of the possession of goods by one person to another in the ordinary course of trade or business for cash or deferred payment or other valuable consideration. Notification No. 102/82, dated 28-2-1982 reads as follows : In exercise of the powers con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to say the subject goods namely, cassettes; (ii) that they are transferring their goods to sub-distributors on payment of Rs. 500/- said to be a security deposit on the condition that in case of non-return of the said amount will stand forfeited; (iii) that the respondents have not disclosed the amount of rent which they were charging from the sub-distributors; and (iv) that the rental period of 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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