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Showing contexts for: Motion Re in Ramakrishna Deo vs The Collector Of Sales Tax on 12 April, 1955Matching Fragments
In Income-tax Commissioner, Bombay v. Metro Goldwyn Mayer (India) Ltd., AIR 1939 Bom 257 (C) the Bombay High Court had to consider an agreement between the Culver Corporation' of New york and Messrs. Metro Goldwyn Mayer, India, Ltd. In that case the relationship between the two companies was constituted by a contract which defined the parties as 'vendor' and 'vendee' the non-resident being called the vendee.
The vendor sold to the vendee the sole and exclusive rights of re-selling, exhibiting, leasing, and otherwise exploiting, in motion picture productions controlled or purchased by the vendor. The vendee undertook to provide an efficient sales-force and had to pay 70 per cent of the takings to the vendor. Beaumont C. J. held that the arrangement between the parties was something in the nature of a 'license' and "certainly not, in my opinion a sale out and out".