TMI Blog2003 (4) TMI 590X X X X Extracts X X X X X X X X Extracts X X X X ..... he order dated 15th January, 2001 passed by Trade Tax Tribunal in Second Appeal No. 223 of 1997 for the Assessment Year 1991-92 (Central). 2. The controversy involved in the present revision is as to whether transaction in question is stock transfer or the Central sales. The assessee is a company registered under the Companies Act having its registered office at Calcutta and has manufacturing u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fer . However, the Assessing Authority did not accept the said contention. The assessee preferred an appeal. The First Appellate Authority examined the matter in detail and allowed the appeal in part. It was found that certain transfers were Infact, stock transfer , but majority of the transfer as central sales . Aggrieved against the order of First Appellate Authority both the department as wel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the Trade Tax Tribunal. 5. On the other hand Sri Bipin Kumar Pandey submits that whether the transaction is stock transfer or is inter-State sale is basically a question of fact and all the authorities after examining relevant records produced by the assessee, have granted necessary relief to the assessee. 6. Having considered respective submissions of the learned Counsel for the parties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made to Bombay, Calcutta and Delhi branches by the applicant to determine as to whether the said dispatches were in the nature of inter-State sale or the stock transfer . By making general observation in the impugned order that most of the goods were delivered to the customers even without unloading the same in the godown through the same truck, is not sufficient compliance of the requirement of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the Taxing Authorities to assess the tax in accordance with law and they are bound to examine each and individual transaction and then to decide whether it constitute inter-State sale liable to tax under the Taxing statute. The said judgment has been followed in 1993 U.P.T.C. 527, M/s. Indo Bulger Foods v. Commissioner of Sales Tax. Following the aforesaid binding pronouncements, the order of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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