1964 (7) TMI 19

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..... rtment when they auctioned confiscated goods. He subsequently sold the camphor. Camphor is assessable at the point of first sale by dealer. The assessee contended that the Customs Authority was the first dealer. But the Department repelled that contention and holding that the Customs Authority's sales were not the first sales, assessed the assessee as the first dealer in camphor. This order was co .....

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..... the definition of "business" which, according to section 2(d) of the Act, includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture whether or not any profit accrues from the said trade, commerce, manufacture or concern. It cannot be held that the Customs Authority which comes into possession of confiscated goods from time to time and p .....

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..... at there is some kind of regularity in the sales effected by the Customs Department, still in the absence of anything to indicate the essential requirement of an activity in the nature of trade, commerce or manufacture or adventure or concern in the nature of trade, we are unable to see how the decision of the lower Tribunal can be held to be incorrect. This revision case is dismissed. Petition d .....

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