JUDGMENT

BEG, C.J.I. :—I am in general agreement with my learned brother Chandrachud who has discussed all the authorities so admirably and comprehensibely. I, however, would like to add a few observations stating the general conclusion, as I see it, emerging from an application on general principles and accumulation of case law on the subject of what may be called statutory or compulsory sales. Are they sales at all so as to be exigible to sales tax or purchase tax under the relevant statutory provisions?

2. The term sale is defined as follows in Benjamin on Sale (Eighth Edn.):

"To constitute a valid sale there must be a concurrence of the following elements, namely:

(1) parties competent to contract;

(2) mutual assent;

(3) a thing, the absolute or general property in which is transferred from the seller to the buyer; and

(4) a price in money paid or promised."

3. It is true that a considerable part of the field over which what are called sales take place under either regulatory orders or levy orders passed or directions given under statutory provisions is restricted and controlled by these orders and directions, If, what is called a sale is, in substance, mere obedience to a specific or