9911796707
TMI Blog2001 (12) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner is a co-operative society, which is engaged in marketing of agricultural produce of its members. For the assessment years 1992-93, 1994-95 and 1995-96, the assessing officer levied purchase tax on the society, on the groundnut grown by its members and sold at the auctions held by the assessee, even after describing the position of the society as "agent on behalf of the agriculturist principa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int of sale. That entry reads thus: "Oil-seeds, that is to say,- (i) groundnut or peanut (a) At the point of first sale in the (Arachis hypogaea) State in respect of goods purchased from outside the State. (b) At the point of first purchase in the State in respect of goods not falling under item (a) above." The very fact that the society is the agent of its members, who are agriculturists and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he buyer on behalf of the members. That position however does not translate into one of sale by principal to its agent. Agency implies the existence of a relationship between a principal and a person who is authorised to act on behalf of such principal, being called as the agent. The title passed on to the buyer is the title that vests in the principal which the agent is authorised to transfer by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulturist principals who are its members. 4.. The petitioner has also challenged the validity of Act No. 31 of 1992. That question does not require our consideration in this proceeding. It is not necessary for us to go into the validity of the Act as, even if we assume that the Act is valid, the assessee cannot be taxed, as the assessee is not the purchaser and the point of levy of tax is the firs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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