TMI Blog1975 (3) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... ton from Messrs. Rallis India Limited, Coimbatore, to an extent of Rs. 1,22,906.20. The Deputy Commercial Tax Officer, Tirumayam, initiated proceedings to revise the assessment on the ground that the said turnover which is covered by two transactions dated 23rd August, 1960, are local purchases and as such liable to be included in the taxable turnover. After considering the objections filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble despatch. The payment of the price was agreed to be 90 per cent against the railway receipt at Namanasamudram, and the balance of 10 per cent or difference between the sellers' invoice weights and the weights at destination to be paid on the presentation of the sellers' final invoice. The goods are described as New Crop Laxmi Cotton equal to sample No. CB 209. There are number of other terms r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntract as one which contemplated the movement of goods from outside the State. As per the terms of the contract it is open to the seller either to procure the goods locally and supply to the purchaser or purchase it or bring it from any outside place. Since neither the contract in terms contemplate the movement of goods from one State to another nor there is any evidence that the parties contempla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the time when the contract was entered into and when they were appropriated towards the contract. On these facts this court held that though there was no specific terms relating to the place from which the goods are to be despatched mentioned in the contract itself, the transaction amounted to an inter-State sale. In the second of the case reported in Deputy Commissioner of Commercial Taxes v. Ara ..... X X X X Extracts X X X X X X X X Extracts X X X X
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