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TMI Blog1969 (2) TMI 161X X X X Extracts X X X X X X X X Extracts X X X X ..... p; C.B. Agarwala, Senior Advocate (O.P. Rana, Advocate, with him), for the respondent. -------------------------------------------------- The judgment of the court was delivered by GROVER, J.-This is an appeal by special leave from the judgment of the Allahabad High Court in a reference made under section 11 of the U.P. Sales Tax Act, 1948, hereinafter called the Act. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fit to the syndicate. The syndicate was allowed a margin of 3 per cent. profit in addition to the 3 per cent. margin of profit originally allowed to the importers. The cloth was to pass from the importing agency direct to the retailers who had deposited money with the importing agency and who were entitled to obtain the cloth from specified godown or godowns. In 1948 the control was removed. The s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... syndicate had sold the stocks which remained with it at a price at which it would have been sold to the retailers. It was found that the syndicate in the sale invoices issued to its members had charged a profit over and above the price of the cloth in the same manner as any retailer would have been charged. The Judge (Appeals) upheld the order of assessment. The High Court considered the definit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oes not appear to have been agitated before the departmental authorities. Moreover the facts as they appear in the various orders are altogether meagre about the constitution of the syndicate. It is not even clear whether it got itself registered under the Indian Companies Act, 1913. In the absence of proper facts which could be established before the departmental authorities by the assessee the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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