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1971 (1) TMI 97 - SC - VAT and Sales TaxWhether the last purchase liable to tax within the State contemplated by section 5(3) of the Act was the purchase by the appellant from the mine-owners or the purchase by the STC from the appellant? Whether the property passed to the State Trading Corporation pursuant to contracts entered into between the parties within the State of Mysore? Held that:- Appeal dismissed except with regard to the tax which was levied on the sale of tyres and tubes which will not now be payable by the assessee. The High Court has enumerated with care all the material conditions which were to be found in the contracts as also the manner in which the transportation of the goods took place apart from the payment of price and the arrangement about obtaining of advances by the assessee by hypothecation of goods. We are unable to find any infirmity in the approach and reasoning of the High Court on the question of passing of property in the goods in the light of the presumption which arises in the case of f.o.b. contracts. We would accordingly affirm the conclusion of the High Court that the assessee was the last purchaser of the iron ore within the State and was thus liable to pay tax in accordance with the provisions of the Act.
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