9911796707
TMI Blog1969 (9) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... made of the imported stuff. The department assessed the transactions not only on the basis of those facts but also on the view that the explanation to the definition of "dealer" would apply, that is to say, a society or an association which, whether or not in the course of business, buys, sells, supplies or distributes goods from or to its members for cash, or for deferred payment, or for commission, remuneration or other valuable consideration, shall be deemed to be a dealer for the purposes of the Act. Reliance was also apparently placed on explanation (1) to the definition of "sale". According to the explanation the transfer of the property involved by supply or distribution of goods by a society shall be deemed to be a sale for the purp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciation is Rs. 4,23,200 and six per cent. thereof works out to Rs. 25,302. The distribution should be made to your members in the above ratio. You are requested to intimate the Tamil Nadu Handloom Weavers Co-operative Society Limited, Madras-8, the details of dyes and chemicals required by the members of your association within the entitlement indicated above under advice to this office." Provision also has been made in this letter as to how the allotment was made, subject to certain conditions, one of which is that the petitioner should not sell or otherwise dispose of the dyes and chemicals which is allotted to the petitioner except to its members for their bona fide consumption and that such distribution to its members should only be m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntroller of Imports and Exports, Sudama House, Ballard Estate, Bombay-1." Paragraph 3 reads: "The essentiality certificate is issued subject to the condition that the art silk yarn when imported should be distributed to the members as detailed in the list hereunto on the basis of their entitlement indicated in the licence or calculated as the rate at which licence issued for each category of looms. It should be that the members in their turn consume the imported art silk for the production of art silk fabrics on their own looms or looms under their control and not offer them for resale." It may be seen, therefore, that the real purchaser is the relative licensee who had the quota and the petitioner acted as an intermediary to import and di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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