1991 (3) TMI 380 - HC - VAT and Sales Tax

Summary

Issues:
1. Determination of sales as local sales to exporter or export sales through agents.

Detailed Analysis:
The judgment by the Madras High Court involved the consideration of whether the sales made by the respondent-assessee were local sales to the exporter or export sales through agents. The assessing authority initially concluded that the transactions were local sales to a local buyer for export, not export sales by the respondent-assessee. However, the assessing authority did not address the contention raised by the respondent-assessee that the sales to foreign buyers were in the course of export and conducted through agents. The first appellate authority also failed to consider these contentions and dismissed them, stating that the respondent had no records to prove the claims and showed disinterest in pursuing the appeal.

The matter was then taken to the Tribunal, where the contentions of the assessee were reiterated. The Tribunal, based on the facts and circumstances of the case, concluded that there was proof of agency between the agents and the appellants. The Tribunal emphasized that as long as there is proof of agency and the agent sends the goods as an agent of the principal, there is privity of contract between the principal and the foreign buyer, even if the agent does not disclose the principal's name.

The Tribunal's findings highlighted that the transactions were in the course of export and not local sales, as the sales were conducted through agents. It was established that the export was made through the agent, and therefore, the sales were not subject to tax under the Tamil Nadu General Sales Tax Act, 1959. The judgment emphasized that there is no legal requirement for the agent to disclose the name of the principal in transactions with foreign buyers to classify the sale as an export sale. The High Court upheld the Tribunal's decision, stating that it was based on a proper appreciation of the evidence and did not warrant any interference. Consequently, the tax revision case was dismissed, with no costs awarded.