9911796707
TMI Blog1973 (7) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner with reference to certain additional grounds of attack against the assessment raised by the respondents before the Tribunal. Even after the remand the Appellate Assistant Commissioner again dismissed the appeal. When the matter again came before the Tribunal, the dispute centred round, among other things, on a turnover of Rs. 2,34,899.74, which represented sales of tanned hides and skins effected by the respondents on behalf of non-resident dealers. The contention of the respondents in relation to the above turnover was that the same should be taken to be covered by their licence in form IV and, as such, cannot be treated as unlicensed transactions and brought to charge under the multi-point levy. The revenue, however, conten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of a Full Bench of this Court. It is further said that the Tribunal has entirely overlooked the statutory provisions and equated the agency transactions with the respondents' own transactions, that though under section 14-A of the Madras General Sales Tax Act, 1939, an agent of the non-resident principals is deemed to be a dealer, such an agent cannot be treated to be a dealer dealing on his own behalf and that, therefore, the fact that the assessees have taken out a licence for his dealings in hides and skins will not entitle him to get the benefit of that licence in respect of his agency transactions either on behalf of the resident principals or on behalf of the non-resident principals. As regards the view taken by the Tribunal th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, to be taken that the licence in form IV is intended to cover only the licensee's own dealings in hides and skins and not his agency transactions on behalf of the non-resident principals. The learned counsel for the respondents would, however, point out that the licence itself does not indicate that it is restricted to one's own dealings in hides and skins. But that the licence is intended to cover the licensee's own transactions of hides and skins is clear from the other provisions of the Act and the Rules, which deal with agency transactions separately. In respect of the agency transactions on behalf of the resident principals, a separate licence has been provided for, and in respect of the agency transactions on behalf of the non-r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the goods of his principal, merely steps into his shoes and, therefore, he is entitled to the same exemption as his principal would have got had he dealt with the concerned goods himself. The principle of the above decision of the Supreme Court appears to be that though the agents are treated as dealers for certain purposes, they cannot be equated to the principals for all purposes under the Act. Applying the same reasoning to the facts of this case, though the respondents, who have sold the goods on behalf of the non-resident principals and are assessed as deemed dealers in respect of the business of each such non-resident principal in this State with which they were concerned, the business of the non-resident principals will not become ..... X X X X Extracts X X X X X X X X Extracts X X X X
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