1995 (12) TMI 295 - CST, VAT & Sales Tax

Whether the cashew-nut kernels which were exported are "those goods" which were purchased by the assessee in the penultimate transaction?

Held that:- Appeal dismissed. Cashew-nut kernels are not the same goods as raw cashew-nuts. Since raw cashew-nuts can be used for so many purposes and the process of extracting the kernels so elaborate, it cannot be said that the goods (raw cashew-nuts) purchased in the penultimate sale were the same goods (cashew-nut kernels) which were sold for export. It does not appear that either on facts found or in law, the decision in Shanmugha Vilas case [1953 (5) TMI 8 - SUPREME COURT OF INDIA] needs reconsideration.