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HC Explains Distinction between hire purchase transactions and loan transactions
Case Law Details
- Case Name
- CIT Vs Commercial Motors Finance Ltd (Allahabad High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Allahabad High Court
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CA Sandeep Kanoi
It is undisputed that the vehicles were registered in the name of the respective customers. However, in the registration certificate a remark in terms of agreement was to be recorded to the effect that vehicle is held by the registered owner under a hire purchase agreement with the respondent assessee.
A “Sale Letter” was executed, reciting that the customer had on the date of the application for loan sold to the financier the motor vehicles. The ITAT completely ignored the discussion and findings of fact recorded by CIT (A) in paragraphs 8 and 11 ...
