1956 (6) TMI 9 - HC - VAT and Sales Tax

Summary

Issues:
1. Whether the petitioners successfully proved the despatch of goods outside West Bengal under section 5(2)(a)(v) of the Bengal Finance (Sales Tax) Act, 1941.
2. Whether the addition of Rs. 17,94,030 to the petitioners' taxable turnover due to the transfer of delivery orders was legal.

Analysis:
1. The petitioners claimed that they despatched goods outside West Bengal and relied on entries in their books of accounts and mates' certificates as evidence. However, they failed to produce documents like bill of lading to prove the despatch. The Additional Commissioner discussed additional evidence but did not admit it. The court referred to previous cases and highlighted that the law does not allow the admission of fresh evidence by appellate authorities unless necessary. The court found the evidence insufficient to prove the despatch, as required by the Act. Therefore, the petitioners' argument on this point was not accepted.

2. The petitioners argued that the transfer of delivery orders did not amount to sales but only transfer of actionable claims, thus not constituting goods under the Act. The court referred to the definition of "document of title to goods" in the Sale of Goods Act and the decision in Anglo-India Jute Mills Co. v. Omademull. It was clarified that a delivery order constitutes a document of title, and the transferee acquires title to the goods. The court dismissed the petitioners' argument, stating that the property in the goods was transferred through the delivery orders, and valuable consideration was paid for the property in each transaction. The court emphasized that the petitioners, as manufacturers, had no property in the goods after issuing the delivery order. The court also addressed the argument regarding goods being in a deliverable state under the Sale of Goods Act, concluding that the conditions for sale were met. Consequently, the petition was rejected.