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Obviously the facts cited above are not individually determinative or decisive, but the net conclusion, which emerges on taking a holistic view by appreciation of all ingredients, is that the requirements of Section 3 of CST Act are not satisfied in respect of these transaction. It can be clearly inferred that the objector dealer of CST Act in respect of works contract executed for vendors other than DMRC since the sales do not qualify as such.

The contentions of the counsel that these were in pursuance of the contract with the NDPL was examined. It was observed that delivery of the goods was taken by the objector dealer itself and transit sale transaction was not complete as property in goods was effected by transfer of documents of title while the goods were not in transit.

Hence the transfer of goods by transfer of documents was predetermined and not effected in course of transit.

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