TMI Blog2022 (5) TMI 642X X X X Extracts X X X X X X X X Extracts X X X X ..... oods were sent to Jaipur Branch. The said transfer was treated as central sales under the Central Sales Tax Act. On submission of Form-F, the assessing authority has treated the stock transfer as inter-State sale, on perusal of the stock register maintained by the revisionist Branch office at Jaipur, that the goods were sold to one party namely R.P. Gatta Jewelers and there was a pre-existing contract, but the revisionist failed to bring on record any other material to prove otherwise - The Tribunal being the last court of fact has failed to consider the fact that the revisionist is a nationalized bank and the nature of transaction is not a regular transaction. The revisionist has sent the gold bars as stock transfer to be sold at Jaipur. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of law have been framed:- 1. Whether the Tribunal was justified in confirming the orders passed by the authorities below imposing the tax upon the revisionist treating the transaction being Inter-State sales? 2. Whether the Tribunal was justified in law and was correct to hold that the Gold Bullian Bars send by the revisionist bank to its Branch at Jaipur was not a stock transfer as such was an Inter-State sales, without recording any finding of its own? 3. Whether the Tribunal was correct in law in disbelieving the material evidence and the submissions with regard to the stock transfer affected by the revisionist bank to its branch under the guidance of the Reserve Bank of India and under the guidance of the Gold Scheme Pol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is bad in law. He, therefore, prays for allowing of revision. 5. Per contra, learned standing counsel supports the order passed by the Tribunal and prays for dismissal of the revision. 6. After hearing learned counsel for the parties, this Court has perused the records. 7. Admittedly, the revisionist is a nationalized bank of Government of India, which has to adhere to the policy so framed by Reserve Bank of India. It has specifically been mentioned in the grounds of appeal that the T.T. gold bars, on receipt, if not sold within ten days, the intimation has to be sent to the Head Office at Delhi for further instructions. Upon receiving the instructions, the goods were sent to Jaipur Branch. The said transfer was treated as central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in absence of any material to show existence of prior order of contract and the movement of goods was in pursuance of those orders, the same cannot be treated as inter-State sale. This Court had observed as follows:- 2. The assessing officer did not accept the assessee's contention that the stock was transferred to Delhi and thereafter the goods were sold to various parties at Delhi. On appeal, however, the learned Assistant Commissioner (Judicial) held that sales to the extent of Rs. 13,07,989.84 paise were inter-State sales because goods to that extent were sold in the same quantity in which they were despatched from Ghaziabad on the same day or on the next day or within a few days thereafter. On appeal the Tribunal has held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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