9911796707
TMI Blog1959 (11) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner. -------------------------------------------------- The Judgment of the Court was delivered by RAJAGOPALAN, J.-The turnover, the liability of which to sales tax is in dispute, consists of two items: (1) Rs. 3,19,503 and (2) Rs. 28,749-12-0. The Tribunal agreed with the Department in holding that these two items were also liable to sales tax. It was the correctness of those fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the documents of title on payment of the value to the bank and hand them over to the clearing agent, one S.G. Chetty". It should be obvious that the clearing agent was the agent of the assessee, Messrs Arun and Co. The Tribunal proceeded: "This clearing agent collected the value from the buyers and on receipt of the full value delivered the goods to the buyers when they presented the delivery o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of transfer of title to the goods by transfer of shipping documents from the assessee to the buyers. Out of a fairly large mass of milk powder, a portion was sold to a given buyer, and that portion had to be appropriated before the sale could be effected in favour of the given buyer. The issue of delivery order subsequent to or even simultaneously with the contract of sale could not suffice to tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, the further question whether the transaction falls within the scope of section 20 or 21 or 22 may not arise. The transaction, in our opinion, really falls within the scope of section 23(1), which provides for a transfer of title to the goods sold when the contract of sale is entered into. When the goods to be sold were unascertained, as we have pointed out earlier in this case, the buyers fro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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