1973 (7) TMI 64

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..... nover of Rs. 8,515 at 10 per cent. The assessing authority took the view that the assessee is not entitled to the concessional rate of tax under Section 8(1) of the Act, as the inter-State sales are not to registered dealers. 2. The assessee questioned the rate of tax before the Appellate Assistant Commissioner, but without success. His appeal before the Tribunal also did not succeed. Hence the a .....

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..... n the view that the dates of despatch of goods should be taken as the dates of sale. The learned Counsel for the assessee contends that the dates of sale should be taken to be the dates when the property in the goods passed from the assessee to the purchasing dealers, and that, therefore, the railway receipts having been retired from the banks by payment of the sale price by the purchasing dealers .....

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..... or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. 5. In this case, as the assessee has retained the right of disposal, he cannot be said to have parted with the title to the goods before the goods were actually taken delivery of by the purchasers. Admittedly, in this case, the out-of-State dealers took .....

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