1990 (7) TMI 326 - HC - VAT and Sales Tax

Issues Involved:
1. Whether the appellant was an agent of the Director-General of Supplies and Disposals in the import of carbamite from West Germany.
2. Whether there were two sales and if they were not integrated transactions.
3. Whether the sale to the Director-General of Supplies and Disposals was an inter-State sale or a transaction in the course of import under Section 5(2) of the Central Sales Tax Act.

Issue-Wise Detailed Analysis:

1. Agency Relationship:
The Tribunal held that the appellant was not an agent of the Director-General of Supplies and Disposals in the import of carbamite. The Tribunal found that the relationship between the assessee and the Director-General was that of vendor and vendee. The court noted that the assessee's counsel did not seriously contest this point. Consequently, the first question was answered in the affirmative and in favor of the Revenue.

2. Integrated Transactions:
The Tribunal concluded that there were two sales: one between the foreign supplier and the assessee, and another between the assessee and the Director-General of Supplies and Disposals. The Tribunal referred to Supreme Court decisions in Mod. Serajuddin and Binani Bros., which distinguished Khosla's case, and held that the theory of integrated activity could not be invoked to make the sale between two local dealers a sale in the course of import. The court further elaborated that it was necessary to examine whether the two sales were so interconnected and integrated that the import was occasioned by the sale. The court referred to the Supreme Court's decision in Khosla & Co. (P.) Ltd., which applied the ratio of Tata Iron & Steel Co. Ltd. v. S.R. Sarkar and emphasized that the movement of goods from Belgium to India was incidental to the contract between the assessee and the Director-General. The court also referenced subsequent Supreme Court decisions, including Binani Bros. and Mod. Serajuddin, which distinguished Khosla's case on the grounds of principal-agent relationships and the nature of the contracts.

The court concluded that the facts in the present case were almost identical to those in Khosla's case, where the Supreme Court held that the two sales formed one transaction. The court found that the material imported was for the actual user mentioned in the import recommendation certificate, and the material could not be diverted. Therefore, the court held that the two sales in the present case were integrated or interlinked to form one transaction.

3. Nature of Sale:
The Tribunal held that the sale by the assessee to the Director-General of Supplies and Disposals was an inter-State sale. However, the court, upon examining the facts and relevant Supreme Court decisions, concluded that the sale was in the course of import. The court referred to Article 286(1)(b) of the Constitution and Section 5(2) of the Central Sales Tax Act, which state that a sale or purchase of goods shall be deemed to take place in the course of import if it occasions such import or is effected by a transfer of documents of title to the goods before they cross the customs frontiers of India. The court found that the facts of the present case were similar to those in Khosla's and Indian Explosives Ltd.'s cases, where the Supreme Court held that the sales were in the course of import. Consequently, the third question was answered in the negative and in favor of the applicant.

Conclusion:
- The first question was answered in the affirmative and in favor of the Revenue.
- The second question was answered affirmatively, stating that the sales were integrated or interlinked to form one transaction.
- The third question was answered in the negative and in favor of the applicant, concluding that the sale was in the course of import and not merely an inter-State sale.

No order as to costs. Reference answered accordingly.

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